Tag: DOL

Best Practices for Avoiding Worker Misclassification

Up to 30 percent of employers misclassify their employees as independent contractors, according to national estimates. Misclassification occurs when an employer improperly classifies a worker as an independent contractor instead of an employee. Unfortunately, the consequences can be severe. Some businesses intentionally misclassify workers to try to save on taxes or avoid other costs associated […]

FLSA

Staffing Firms Gain Extra FLSA Overtime Protection

Temporary staffing firms may qualify as “retail or service establishments” and therefore may be able to apply the Fair Labor Standards Act’s (FLSA) “retail sales” overtime exemption to some of their employees, according to a recent opinion letter from the U.S. Department of Labor (DOL).

H1B

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again recently thwarted the Trump administration’s efforts to change the H-1B rules and increase the wages U.S. employers are required to pay to foreign workers. Twice in December 2020, a federal court order in California and a preliminary injunction in New Jersey stalled abrupt rule changes that would have dramatically altered the H-1B program […]

DOL

Employers Can Expect Pro-Union Agenda Under New DOL Chief

President-elect Joe Biden’s pick for secretary of the U.S. Department of Labor (DOL) is a traditional Democrat likely to push a pro-union agenda and a leader who will be eager to put in place pandemic-related safety measures, according to attorneys who advise employers.

remote

Is Training Time Paid? DOL Reiterates Standard Position

The U.S. Department of Labor (DOL) recently answered frequently asked questions about employee training. Chiefly, when is the time compensable? Information contained in a recent DOL opinion letter is particularly important for industries such as health care in which the need for continuing education credits is common.

Don’t Expect DOL to Let Up on Investigations in 2021

Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]