Fair Labor Standards Act

On May 5, the U.S. Department of Labor (DOL) withdrew a Trump-era final rule that would have made it easier for employers to designate workers as independent contractors rather than employees under the Fair Labor Standards Act (FLSA).

The rule, titled “Independent Contractor Status under the Fair Labor Standards Act,” was published on January 7, 2021, at the tail end of the Trump administration, and was scheduled to take effect on March 8.


Continue Reading What’s Old is New (For Now): DOL Rescinds Trump-Era Worker Classification Rulemaking, Eyes Adoption of ABC Standard

Two weeks after publishing proposed new rules to update the white collar exemptions of the Fair Labor Standards Act (FLSA), yesterday the United States Department of Labor (DOL) issued a 15-page Administrator’s Interpretation concluding that “most workers” are employees, as opposed to independent contractors, under the FLSA. (A copy of the guidance can be found here) Although this guidance does not change current law or regulations but rather is intended to provide clarity on the proper classification of workers, employers who utilize independent contractors should view it as further evidence of the aggressive stance the DOL is taking on this issue.
Continue Reading DOL: Most Workers are Employees, Not Independent Contractors

Employment law loomed large on the Supreme Court’s docket this term. In seven highly anticipated cases, the Court interpreted federal employment statutes from Title VII and the Pregnancy Discrimination Act to FLSA and ERISA.

While employers received favorable rulings in some cases, the Court’s decisions regarding religious discrimination and the accommodation of pregnant workers could impact employers’ current practices and policies. Employers should review hiring, accommodation, and other policies—even those that are facially neutral—to ensure compliance with the Court’s recent holdings.
Continue Reading Employment Law Highlights from the Supreme Court’s Current Term