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 hoursContinue Reading Paid Leave For Any Reason Now A Reality In Illinois
Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test
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
Back To The Future: Department of Labor Reanimates Prior Davis-Bacon “Prevailing Wage” Definition
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
US DOL Issues Final Rule on Independent Contractor Status Under the FLSA
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
DOL Guidance on Registry Employer Status: Foreshadowing A More Tolerant Independent Contractor Approach
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
DOL Bids Adieu to Six-Factor Internship Test
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
Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees
By Jason E. Burritt, Michelle Gergerian, and Dawn M. Lurie
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small. The federal government, through its various agencies, plays a key role in …
Continue Reading Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees
Department of Labor Reveals Final Persuader Rule
On March 23, 2016, the DOL revealed its final “persuader” rule — a regulation that has been in the works for years. According to the DOL, the rule “realign[s] the Department’s regulations with the text of . . . the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).”
Among other things, the LMRDA requires certain…
Continue Reading Department of Labor Reveals Final Persuader Rule
Obama Administration Proposes New Overtime Rules
President Obama announced last night that the DOL would be releasing its proposed amendments to the white collar exemption regulations today.
Our colleagues from the Wage Hour Litigation Practice Group blog about these matters and have been tracking the progress of the rules proposal during the past year and are already formulating how these new regulations may impact employers across…
Continue Reading Obama Administration Proposes New Overtime Rules
Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time
By Steve Shardonofsky and Ashley Hymel
In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair.
Texas employers wondering whether they must pay workers for lost time during inclement weather or clean-up work during the aftermath should follow a few simple rules from the Department of Labor (“DOL”).
Continue Reading Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time