Law and the Workplace

Tag Archives: department of labor

New York Regulations on Wage Payment Methods Declared Invalid

Time ClockAs we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  These regulations–to be codified in 12 NYCRR Part 192–were scheduled to take effect on March … Continue Reading

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Time ClockRemember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to … Continue Reading

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More Searching Judicial Review of Agency Decisions

Time ClockOne of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification.  Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to challenge employers in the “gig economy”—as well as in more traditional businesses—that rely heavily on contractors, freelancers, and other third-party service providers. … Continue Reading

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Time ClockEarlier today Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation.  The DOL had asked the district court—which has already issued a preliminary injunction blocking the DOL’s new overtime rule from taking effect—to refrain from taking … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

Time ClockThe New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City.  … Continue Reading

30 Days Until New Overtime Rules Take Effect

Time ClockThe new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1. Remember that both overtime pay (for non-exempt employees) and the salary basis test (for exempt employees) are calculated on a workweek basis, and that each workweek–a fixed and regularly … Continue Reading

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Time ClockEarlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading

Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

Time ClockOn September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification.  Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 … Continue Reading

North Carolina and Nebraska Join 32 Other States In Agreeing To Partner With U.S. DOL to Investigate Worker Misclassification

Time ClockJust last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding independent contractor misclassification.  Now two more states have joined the U.S. DOL in this effort. In the past week, North Carolina and Nebraska … Continue Reading

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

Time ClockThe U.S. Department of Labor (“U.S. DOL”) and the  Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading

New Federal Overtime Rule Published, To Become Effective on December 1st

Time ClockThe DOL’s new overtime rule was published in the Federal Register on May 23, 2016.  As predicted in our prior post, the new regulation will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to comply with the minimum salary increase for exempt status, which, as anticipated, … Continue Reading

New Overtime Rule Expected to Take Effect December 1, 2016

Time ClockAccording to Bloomberg BNA, the DOL’s final overtime rule, which is expected to be released tomorrow, will take effect December 1, 2016, not within 60 days as previously indicated.  This gives employers nearly 200 days to comply with the anticipated minimum salary increase for exempt status, which is expected to more than double the current … Continue Reading

New Overtime Rule Expected Tomorrow

Time ClockPolitico is reporting that DOL will announce the final overtime rule tomorrow, and that the new salary threshold for exempt executive, administrative, and professional employees will be $47,500.  The duties tests for exemption were apparently left unchanged.  VP Joe Biden, together with Labor Secretary Tom Perez and Sen. Sherrod Brown (D.-OH) are expected to announce the … Continue Reading

College Athletes Not University Employees, Says Federal District Court

Time ClockOn February 16, 2016, a federal district court in Indiana held that former athletes at the University of Pennsylvania were not university employees entitled to the protections of the Fair Labor Standards Act (FLSA).  The plaintiffs—former track and field athletes at Penn—brought collective action claims against Penn, the NCAA, and more than 100 other colleges … Continue Reading

Financial Advisors Not Entitled To Overtime, California Court Confirms

Time ClockIn its February 16, 2016 decision in Tsyn v. Wells Fargo Advisors, LLC, Case No. 14-cv-02552-LB, the federal district court for the Northern District of California confirmed that licensed financial advisors qualified for the administrative exemption under the Fair Labor Standards Act (FLSA).  Specifically, the plaintiffs’ primary duties fell within the examples of exempt duties … Continue Reading

DOL’s Request for Information on Employees’ Use of Electronic Devices Expected in February 2016

Time ClockIn its July 2015 notice of proposed rulemaking on the forthcoming changes to the “white collar” overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic devices by overtime-eligible employees.  The agency promised to issue a Request for Information (RFI) in the near future “seeking information from stakeholders on the use … Continue Reading

DOL Targets July 2016 For Release of Final Overtime Rule

Time ClockIn its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white collar” overtime regulations.  As discussed in the July 2015 notice of proposed rulemaking and as reported in our prior blogs, the revised regulations … Continue Reading

Still No Timetable For Revised Overtime Regulations; DOL Has Received More Than 290,000 Comments

Time ClockEmployers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee.  The U.S. Department of Labor (DOL) has received more than 290,000 comments (available here) to its proposed rule.  The final rule is expected sometime in 2016, … Continue Reading
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