DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

In November 2019, the U.S. Department of Labor (DOL) published a proposed rule to update the “fluctuating workweek” method for calculating employee overtime wages under the Fair Labor Standards Act (FLSA). The fluctuating workweek method provides employers a cost-saving option to compensate employees who are not exempt from the act’s overtime wage payment requirements. Currently, … Continue reading DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

SCOTUS to Consider whether Civil Rights Act Protects LGBTQ Workers

The U.S. Supreme Court heard oral arguments recently regarding the discrimination of LGBTQ individuals under Title VII of the Civil Rights Act. The plaintiffs for two separate cases—one concerning a transgender woman, the other involving two gay men—argued that they were unlawfully discriminated against when they were fired based on their sexual orientation. They claimed … Continue reading SCOTUS to Consider whether Civil Rights Act Protects LGBTQ Workers

DOL Issues New Salary Limits for Overtime Exemptions

OVERVIEW On Sept. 24, 2019, the U.S. Department of Labor (DOL) announced a new final rule that updates the salary thresholds that some individuals must meet in order to qualify for a minimum wage and overtime exemption under the federal Fair Labor Standards Act (FLSA). The final rule becomes effective on Jan. 1, 2020. The … Continue reading DOL Issues New Salary Limits for Overtime Exemptions

DOL Issues Opinion Letter on Gig Worker Classification

In the growing “gig economy,” individuals perform jobs on a one-off or short-term basis, typically through an online application or job marketplace. On April 29, 2019, the Department of Labor (DOL) issued an opinion letter addressing whether individuals working for a virtual marketplace company (VMC) are employees or independent contractors under the Fair Labor Standards … Continue reading DOL Issues Opinion Letter on Gig Worker Classification

Did you know?

Another overhaul of the federal overtime rules may be looming on the horizon. The Department of Labor has hinted that it is looking to reveal its proposed changes to overtime eligibility in the first quarter of 2019. Officials haven’t explained how this latest revision will differ from the stalled attempt in 2016. Experts suspect the … Continue reading Did you know?

ACA Replacement Bill Withdrawn, Now What?

In late March 2017, Republican leadership in the U.S. House of Representatives withdrew the American Health Care Act (AHCA)—their proposed legislation to repeal and replace the Affordable Care Act (ACA). Because the House was unable to pass the AHCA, the ACA remains current law, and employers must continue to comply with all applicable ACA provisions. … Continue reading ACA Replacement Bill Withdrawn, Now What?

DOL Announces New Standard for Unpaid Interns

OVERVIEW On Jan. 5, 2018, the U.S. Department of Labor (DOL) announced that it would adopt a new standard for determining whether interns and students are “employees” who must be paid under the Fair Labor Standards Act (FLSA). The DOL clarified that, going forward, it would abandon its six-part test and instead adopt the “primary … Continue reading DOL Announces New Standard for Unpaid Interns