Main Menu

Agency Activity

Department of Labor Opines That Gig Workers are Independent Contractors

By on May 3, 2019 in Agency Activity, Independent Contractors, Wage & Hour

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees.  This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging […]

Some Fun Facts About The EEOC’s 2018 Charge Data

By on April 12, 2019 in Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment

The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]

DOL Issues First FMLA Opinion Letter Of 2019

By on April 9, 2019 in Agency Activity, FMLA

In FMLA2019-1-A, the DOL advised that an employer cannot delay designating qualifying leave as FMLA, even if requested by the employee.  In particular, the DOL was asked if it is permissible to permit employees to exhaust first any non-FMLA leave prior to designating otherwise qualifying leave as FMLA. The DOL explained that an employer may not […]

DOL Proposes New Rules on Regular Rate Calculations

By on March 28, 2019 in Agency Activity, Wage & Hour

As anyone who has ever tried to properly calculate overtime can attest, the question of what compensation should properly be included in an employee’s regular rate of pay is a vexing one.  On March 28, 2019, the United States Department of Labor proposed new rules that may add some clarity. The “regular rate” of pay […]

Two Important Wage-Related Updates

By on March 8, 2019 in Agency Activity, Legal Developments, Legislative Developments, Wage & Hour

This has been an action-packed week on the wage and hour frontier.  Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor […]

Department of Labor Rescinds 80/20 Tip Rule

By on December 7, 2018 in Agency Activity, Wage & Hour

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage.  The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, […]

NLRB Union Protests Board Chair and GC

By on November 12, 2018 in Agency Activity, NLRB, Union Activity

The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers.   And I saw a pink unicorn on the way to work this morning.   It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance.  […]

NLRB’s Office of General Counsel Issues More Advice Memoranda

By on October 11, 2018 in Agency Activity, Labor Law

On September 14, 2018, the NLRB’s Office of General Counsel (OGC) issued a handful of advice memos, several of which are summarized here: The misclassification of employees as independent contractors violates the NLRA because misclassification has and will operate as a restraint on, and interference with, the individuals’ exercise of their Section 7 rights.   Telemundo […]

SSA To Resume Sending “No-Match” Letters

By on September 20, 2018 in Agency Activity, Immigration

Beginning in 2019, the Social Security Administration (SSA) will resume sending “no-match” letters to employers when information submitted on tax forms does not match SSA records. Typically, the name and social security number reported by a worker on Form W-4 does not match the information in SSA databases.  The practice was ended by the Obama administration […]

OSHA Signals The End Of The New Electronic Reporting Requirements

By on August 22, 2018 in Agency Activity, Workplace Safety

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the majority of its contentious electronic reporting requirements. You may recall, back in May 2016, OSHA issued a final rule requiring employers with 250 or more employees to submit electronically Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary […]