Many thought it ironic in mid-August when news broke that the U.S. Department of Labor (DOL) had agreed to a $7 million settlement in a 10-year-old dispute with its own employees and their union. The same agency charged with policing how employers comply with the wage and hour law apparently had compliance problems of its [...]
Archive for the 'DOL' Category
As the debate over gender identity discrimination rages within the halls of state and federal governments, employers are left to wonder how the controversy will play out in the workplace.
One high-profile aspect of the issue centers on North Carolina’s House Bill 2, which Governor Pat McCrory signed into law on March 23. The law [...]
by Kevin C. McCormick
On March 23, 2016, the U.S. Department of Labor (DOL) issued its long-awaited persuader rules, which significantly expand certain reporting requirements for employers and their attorneys. Under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), labor relations consultants hired to influence or persuade employees not to [...]
by Amy McLaughlin
Unlike the lottery, you generally don’t want the U.S. Department of Labor (DOL) to pick your number for a workplace audit or investigation. However, a DOL visit may be unavoidable. Over the past five years, the number of DOL-initiated investigations has increased by 35 percent, and the DOL has a [...]
by Michael J. Spooner
Businesses’ use of independent contractors is a growing trend in the American economy, and many observers believe the trend is here to stay. Independent contractors come in a variety of shapes and sizes. Well-known companies like Uber and Lyft rely almost exclusively on independent contractors, but there has [...]
by Tareen Zafrullah
In 2015, the U.S. Department of Labor (DOL) issued proposed regulations that would revise the requirements for the white-collar exemptions under the federal Fair Labor Standards Act (FLSA). The DOL has not yet issued the final regulations. This article explains the steps employers should take in response to the [...]
by Jodi R. Bohr
Although employers’ obligation to provide breaks for nursing mothers is not new (it took effect with the March 23, 2010, signing of the Affordable Care Act (ACA)), I’ve recently been presented with many questions about what the law requires. From the questions, I’ve realized two things: (1) [...]
by Maria Reed
Every New Year brings the tradition of making resolutions—whether it’s to lose weight, save money, volunteer more, or travel. While those are admirable personal resolutions, companies should have their own resolutions to ensure their businesses are on track for the upcoming year. A top priority should be to get [...]
by Ryan B. Frazier
Employers sometimes classify employees incorrectly under the law. For example, employees may be treated as independent contractors, who are considered self-employed. Although misclassification may be intentional, it is most often done mistakenly under a belief that workers are properly classified.
by Robert P. Tinnin, Jr.
Under the newly proposed overtime regulations for the Fair Labor Standards Act (FLSA), the most significant changes are to the minimum salary threshold that must be met for an employee to qualify as exempt. It’s important to understand what types of compensation are included in determining whether [...]