By: Andrew McKinley, Kyle Winnick & Alex Simon
Seyfarth Synopsis: This first part of a multi-part series explores the implications of the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act. Specifically, it focuses on proposed changes to the control factor concerning legal, safety, contractual, and other similar requirements.
As we detailed here, on
Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Control—Part IBy: A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division has a number of ambitious rulemakings on the horizon, including a
Continue Reading The Biden Administration Issued Its Latest Regulatory Agenda – What’s on Tap for DOL in 2023?By: Noah Finkel and Scott Hecker
Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division targeted October 2022 for the release of a Notice of Proposed Rulemaking on
Continue Reading October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022
By: A. Scott Hecker and Scott Mallery
Seyfarth Synopsis: On March 30, 2022, the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage and Hour Division (“WHD”) Administrator. This public rebuke – made possible by the defection of Democratic Senators Manchin, Sinema, and Kelly – leaves WHD without a
Continue Reading Return of the King? Not So Fast, Dr. Weil
By Kevin Young, Noah Finkel, and Brett C. Bartlett
Seyfarth Synopsis: On December 10, 2021, the White House and U.S. Department of Labor confirmed their plan to propose new rules to increase the salary threshold for exempt employees under the FLSA and “modernize” the prevailing wage rules that apply to many federal government contractors and subcontractors. The rulemaking
Continue Reading On Deck for ’22: Exempt Salary Level Increases and Prevailing Wage Changes
On Thursday, May 20th at 1:00 p.m. ET / 12:00 p.m. CT / 10:00 a.m. PT , Seyfarth attorneys Brett Bartlett, Noah Finkel, Kerry Friedrichs, and Scott Hecker will present a webinar entitled Navigating Wage and Hour Risks Under the Biden Administration.
In February 2021, Seyfarth’s Wage Hour Litigation Practice Group published the inaugural edition of
Continue Reading Upcoming Webinar: Navigating Wage and Hour Risks Under the Biden Administration
The Biden Administration: Enforcement Actions Affecting Labor & Employment
Tuesday, March 23, 2021 – 2:00-3:00 p.m. EST
The Biden Administration has gotten off to a busy start with a wide array of executive actions and policy directives. In this webinar, Seyfarth subject matter experts will discuss what employers can expect regarding the enforcement in the areas covered by these directives
Continue Reading Register for Seyfarth’s Webinar — The Biden Administration: Enforcement Actions Affecting Labor & Employment
By: Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley
With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time job throughout their
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA
By: Noah A. Finkel and Christina Jaremus
Seyfarth Synopsis: Just before the holidays, the Department of Labor’s Wage-Hour Division issued its final pay regulations governing tipped employees. The final regulations, which were published December 22, 2020 and will be effective March 1, 2021, provide a ray of hope in what was an otherwise miserable 2020 for hospitality employers. The
Continue Reading DOL Issues New Tip Regulations: Will 2020 Be The Last Year Of 80/20?
By: Gena Usenheimer, Victoria Vitarelli, and Noah Finkel
Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair Labor Standards Act. This potential expansion of coverage of Section 7(i) opens the door for more
Continue Reading What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.