What a week! On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes, the U.S. Department of Labor proposed increase to the salary level for EAP overtime exemptions. Employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime protections if…
The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. On Thursday, Sen. Bernie Sanders (I-Vt.), Chairman of the Senate Committee…
The U.S. Department of Labor rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) take effect on March 11, 2024. Has your business procrastinated in preparing for them? If so, do not worry; I’ve got your back. Join me on…
A multi-year dispute over unpaid wages went from bad to a whole lot worse for a Midwest business owner when he decided to appeal a trial court ruling that he owed over $300k in wages, damages, and attorney’s fees by representing himself and hiring an “online consultant” who used artificial…
It’s not like I woke up in a cold sweat, fixated on this obscure bit of Fair Labor Standards Act minutiae. But I did read this Eleventh Circuit decision last night, which did posit whether “Julie Andrews’s Mary Poppins, Martin Lawrence’s Big Momma, Fran Drescher’s Nanny Fine, Robin Williams’s Mrs.…
It took less than a week for a group of freelance writers and editors to file this federal court lawsuit to block enforcement of the U.S. Department of Labor’s new independent contractor rules, which I wrote about here last week. If you thought the DOL’s final rule would sail through without…
Back in the day, the mere promise of Cheerios and chocolate milk was all it took to dupe my two oldest kids (then three and five) to shovel the driveway for a few hours. Come to think of it, I preferred the stick to the carrot. So I probably threatened…
Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here. This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”…
The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏 Last…
Yesterday, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). In a nutshell, the final rule applies six factors — none of which is dispositive — to analyze employee or independent…