Tag: DOL’s Wage and Hour Division (WHD)

Final Independent Contractor Rule Rejects ‘Core Factor’ Test

On January 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule—going into effect beginning March 11—that will determine whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 rule modifies regulations by adopting […]

DOL Guidance Spotlights FLSA, FMLA, and Visa Program Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]

A Ship with No Captain Means No Change in Course

As of press time, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) still doesn’t have an administrator. Cheryl Stanton, who is currently the executive director of South Carolina’s Department of Employment and Workforce, was nominated for the position in September 2017. However, the Senate returned her nomination to the president in January […]

Elections have consequences: Changes in the employment arena are on the horizon

by Judith E. Kramer and Sean D. Lee With the election of Donald Trump, there is no question that there will be upheaval in many areas of the law. Even in the discrete area of labor and employment law, the prognostications could fill many blog posts. In this article, we focus on the employment-related Executive […]