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By Andrew M. McKinley and Kyle D. Winnick

Seyfarth Synopsis:  This week the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final Rule jettisons an earlier attempt under the prior Administration to modernize and simplify how to determine who is…

Continue Reading Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act
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By A. Scott Hecker

Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to pursue – with frequent delays – a number of significant rulemakings, including the Division’s proposed increase to the minimum salary level for white-collar…

Continue Reading The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s Rulemakings?

By Nancy Chawla, Ben Conley, Caroline Pieper, Joy Sellstrom, and Joel Wilde

Seyfarth Synopsis: The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans and insurers to cover treatments for mental health and substance use disorders in a manner that is equitable to the plans’ coverage of medical and surgical treatments. Exactly how…

Continue Reading Mental Health Compliance Report Issued to Congress Spoiler Alert – Plans All Fail

By A. Scott Hecker and Noah A. Finkel

Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue a…

Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?

By Christina Jaremus

Seyfarth Synopsis:  Illinois joined the exclusive club of now three states that require employers to offer paid leave for any reason when Governor J.B. Pritzker signed the Paid Leave for Workers Act last week.  The Act takes effect on January 1, 2024.  Illinois employees will be entitled to earn and use at least 40 hours…

Continue Reading Paid Leave For Any Reason Now A Reality In Illinois

By Annette Idalski, Kyle Winnick, A. Scott Hecker, and Ethan Goemann

Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement.

In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court considered whether a day-rate employee…

Continue Reading Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test

By Ted North and A. Scott Hecker

On March 11, 2022, the Department of Labor (DOL) announced a notice of proposed rulemaking (“NPRM”) related to the Davis Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.”  The move to modernize the Act’s regulations looks to deliver changes promised by President Biden to use the Act and its…
Continue Reading Back To The Future: Department of Labor Reanimates Prior Davis-Bacon “Prevailing Wage” Definition

By Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley

Seyfarth Synopsis: With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time …
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

By Kristin G. McGurn and Alison H. Silveira

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act. A “registry” is “an …
Continue Reading DOL Guidance on Registry Employer Status: Foreshadowing A More Tolerant Independent Contractor Approach

By Robert Whitman

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.

In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for…
Continue Reading DOL Bids Adieu to Six-Factor Internship Test