Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

2017-07-25T14:41:58+00:00 June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws & Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

DOL Issues Final FLSA Regulations, Increasing Exemption Threshold

2017-01-13T17:38:35+00:00 May 18th, 2016|Categories: Anthony Bova, DOL, FLSA, Human Resources Compliance, Wage & Hour|

UPDATE – In our blog post on July 14, 2015, we described the Department of Labor’s proposed updates to the FLSA’s overtime regulations. As of today, May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the publication of the DOL’s final rule updating the overtime provisions, which will now extend automatically to

Update to Expected Increases in Minimum Salary Levels for Exempt Employees

2017-01-13T17:39:26+00:00 April 16th, 2016|Categories: DOL, FLSA, Human Resources Compliance, Mary E. (Beth) O'Neal, Wage & Hour|

We last wrote about the expected increases in to the minimum exemption salaries in our blog post from July 14, 2015. Since that time, the increases have not been enacted, but are getting closer. Recap The DOL has proposed new regulations increasing the salary basis applicable to exempt employees under the FLSA, as well as

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

2017-01-13T17:24:05+00:00 March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws & Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

DOL Now Enforcing Final Rule Extending FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2017-01-13T17:13:17+00:00 December 29th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog posts on September 1 and September 15, 2015, we discussed the impact and implementation of Home Care Association of America v. Weil, a recent decision rendered by the Court of Appeals for the District of Columbia Circuit. In Weil, the court affirmed a Department of Labor (“DOL”) final rule extending minimum

Meal Breaks in the Workplace: Food for Thought

2017-01-13T17:16:24+00:00 September 29th, 2015|Categories: DOL, Human Resources Compliance, Kathleen O'Toole, Laws & Regulations, Mary E. (Beth) O'Neal, Wage & Hour|

If you are an owner or manager of a business, do your employees take lunch breaks? If so, how long are their breaks? Are the breaks paid or unpaid? Massachusetts provides strict protections for employees with respect to meal breaks, as well as harsh penalties for employers who fail to comply. An overview of the

Update on the DOL’s Extension of FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2016-12-15T18:04:13+00:00 September 15th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog post on September 1, 2015, we discussed the Court of Appeals for the District of Columbia Circuit’s recent affirmation of a Department of Labor (“DOL”) final rule that extends the minimum wage and overtime protections of the Fair Labor Standards Act (“FLSA”) to certain classes of home care workers. When issuing

Federal Circuit Upholds Department of Labor Regulation Excluding Home Care Workers Employed by Third-Party Agencies from Minimum Wage and Overtime Pay Exemptions under the Fair Labor Standards Act

2017-01-13T17:17:54+00:00 September 1st, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In a case that highlights the ever-evolving landscape of home health services, the Court of Appeals for the District of Columbia Circuit has upheld a United States Department of Labor (“DOL”) regulation extending the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA” or “Act”) to domestic service workers employed by third