Employee Classification
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An Enhanced 80/20 Tipped Worker Rule is Back. Now is a Good Time for Employers to Dump the Tip Credit.
Earlier this year, I noted that the Biden Administration’s Department of Labor (DOL) had delayed the Trump Administration’s attempt to…
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DOL Delays Trump Administration’s Tip, Independent Contractor Rules
In September, we discussed the Department of Labor’s announcement of a then-proposed rule offering the agency’s interpretations of whether a worker…
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DOL Finalizes Independent Contractor vs. Employee FLSA Rule That Likely Will Never Take Effect
In September, we discussed the Department of Labor’s announcement of a then-proposed rule offering the agency’s interpretations of whether a worker…
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DOL Proposes (Potentially Temporary) Independent Contractor vs. Employee Interpretations of FLSA
Since the Department of Labor (DOL) Wage and Hour Division first announced its spring’s unified regulatory agenda, we have known that…
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Reclassifying Exempt Employees as Non-Exempt under the FLSA
We have discussed exempt and non-exempt classifications and related issues many times here. Normally, we talk about classifying non-exempt employees…
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A Quick Overview of the Status of the DOL and NLRB Joint Employer Proposals
Geez, I go away for Spring Break and the Department of Labor (DOL) starts going crazy! More on the DOL’s…
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Your “Construction” Business Under State Employee Classification Laws
After a brief (but mandatory) operational pause, the blog is back! I can’t promise daily posts going forward, but I…
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Defining “Full Time” Under the FLSA and Wage and Hour Laws
All of our recent talk about alternative work schedules and handling PTO raised an issue for a reader who called…
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California Court Confirms that Employers Can Still Employ Unpaid Interns in Certain Cases
Recently, the DOL’s preferred test for whether employers must pay their interns has been under attack, an issue I’ll address…
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The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs
Stores are already putting up Thanksgiving and even Christmas displays (at my local Sam’s Club!), and Urban Outfitters is getting…
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