Tag: Department of Labor

misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]

Risk of Employees’ Losing Exempt Status Rises During Times of Short-Staffing

In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary […]

New Health Plan Disclosure Rules Should Bring More Transparency

New disclosure requirements should bring more transparency to the health plan side of employee benefits and allow plan fiduciaries to know and understand all the ways, direct and indirect, everyone is getting paid. The changes will help the fiduciaries to identify and assess possible conflicts of interest.

Top 10 Noncompete Law Developments of the Past Year

Lawmakers and courts continued to demonstrate hostility toward noncompete and no-hire agreements in 2021. The activity underscores employers’ need to stay current on the diverse state-specific limitations governing restrictive covenants, new federal activity in the area, and ongoing case law developments.

Unwary Employers Risk Being Caught in Nondiscretionary Bonus, Regular Pay Rate Trap

The regional director for the Wage and Hour Division (WHD) of the Department of Labor (DOL) has recently underscored the compliance obstacle that continues to confound employers: whether to include bonuses in the “regular rate” when calculating the overtime pay rate for nonexempt employees. Nondiscretionary bonuses must be considered when determining the regular pay rate, […]

Answers to 13 Common Questions About New Federal Vaccine, Testing Mandates

When President Joe Biden recently announced a six-pronged strategy to contain COVID-19’s spread, one of the most notable measures was a vaccination and/or weekly testing mandate affecting employers and employees nationwide. We still don’t know many details, but here are answers to some of the most common questions we’ve received since the mandates were announced. […]

Hacker

Best Practices to Protect Your Data: Reviewing DOL’s Cybersecurity Instructions

With the recent spike in cybersecurity breaches rippling through all corners of the global business landscape, the surging interest in data protection has caused even the highest departments of state to take note and weigh in.  In April 2021, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration issued a cybersecurity guidance to help […]

May the Force Be with You in (a Changing) 2018

Star Wars geekdom is strong in my family. I have it. My sons have it. My wife… well, she’s coming around. Like many my age, I grew up on the original Star Wars trilogy, idolizing the litany of iconic characters that include Han Solo, Luke Skywalker, Princess Leia, Chewy, Darth Vader, and so many others. […]