Getting “back to normal” as the COVID-19 pandemic has eased has not been simple for anyone. In terms of plan administration, the continued tolling of employee benefit plan deadlines, including those related to continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA), has kept plan administrators firmly planted in a “COVID-19 world,” even as […]
As the U.S. Department of Labor (DOL) prepares to publish a new proposed rule on how individuals can be classified, employers are being warned to expect a tougher time justifying an independent contractor classification. The DOL will publish a Notice of Proposed Rulemaking on October 13 aimed at clarifying how workers can be classified under […]
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 […]
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 […]
The Biden administration announcement of a delay in a rule affecting pay for foreign workers means employers won’t have to quickly adjust to significantly higher prevailing wages for certain foreign employees.
The U.S. Department of Labor’s (DOL) decision to withdraw the independent contractor rule developed during the previous administration means businesses looking forward to an easier justification of contractor status need to think again.
With the confirmation of Marty Walsh as the new secretary of the U.S. Department of Labor (DOL), employers shouldn’t be surprised to see a more proemployee climate on the federal level.
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).
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 […]
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.