Tag: DOL

As the Ranks of Older Workers Grows, Employers Urged to Capitalize on the Trend

It’s become a mantra resounding from more and more employers: Good help is hard to find. For years now, employers have bemoaned their inability to recruit and retain workers for the full range of employment, everything from low- to high-skill positions. But researchers who study the workforce and the trends shaping it point to a […]

DOL’s New Contractor Rule Bringing Big Changes—if it Survives Challenges

A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]

Evolving HR: FMLA and the Modern Workplace

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]

Biden Administration Expands Overtime Eligibility

In a significant move that promises to reshape the U.S. labor landscape, the Biden administration has proposed a new rule intended to extend overtime pay eligibility to an additional 3.6 million workers. It’s a proposal the marks the most substantial increase in such provisions in recent decades and revives an initiative from the Obama era. […]

What Employers Should Know About Drafting PERM Notice of Filing

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is obtained by filing an application through the […]

How Layoffs Impact the PERM Process: Employer Considerations

While businesses typically take extensive steps to avoid layoffs, they’re unfortunately part of the business life cycle. As the United States has had a recent uptick in layoffs across various industries, employers should be aware of the potential impact to their permanent residence (green card) immigration programs.  The PERM (or labor certification) application is one […]

Back to Normal: Ending COVID-19 Tolling of COBRA Deadlines

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 […]

DOL’s Proposed Rule Aims to Tighten Independent Contractor Definition

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 […]

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 […]

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 […]