Whether a business has one part-time employee or is a bustling corporation with hundreds on the payroll, there are employment laws that the business must follow. Unfortunately, many business owners are unaware of which laws apply or the fact that as a business grows, it will be subject to new employment laws.
Read MoreOn January 10, 2024, the U.S. Department of Labor (USDOL) published its final rule defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final rule becomes effective March 11, 2024. The final rule rescinds the USDOL’s 2021 rule, which had arguably expanded the definition of an independent contractor under the FLSA. The USDOL has also published “Frequently Asked Questions” about the final rule.
Read MoreOn March 7, 2019, the United States Department of Labor (USDOL) published a Notice of Proposed Rulemaking to increase the minimum salary level for workers exempt from overtime.
Under federal law workers are generally entitled to receive overtime for any hours worked over 40 in a week, unless they are exempt from overtime under a specific exemption set forth in the Fair Labor Standards Act (FLSA). The most common exemptions are the "white collar exemptions"
Read MoreIn a prior post I discussed the Department of Labor's (DOL) proposed changes to the tip sharing rules of the Fair Labor Standards Act (FLSA), which would allow employers to require mandatory tip pooling if the employer did not take a tip credit for minimum wage compliance purposes. The proposed rule change quickly received negative criticism from restaurant workers and labor advocates due to the fear that the proposed rule would result in employers paying tipped employees minimum wage in order to retain employee tips.
Read MoreOn April 2, 2018, in Encino Motorcars, LLC v. Navarro, the United States Supreme Court rejected the longstanding principle that exemptions from the Fair Labor Standards Act's (FLSA) overtime pay requirements should be construed narrowly, granting a victory to employers.
In Encino, a majority of the Court held that service advisors at car dealerships are exempt from the FLSA's overtime pay requirements. While this holding directly applies only to a particular segment of workers in one industry, the Court's overall decision has much broader implications.
Read MoreOn December 5, 2017, the Department of Labor (DOL) published a Proposed Rule rescinding its 2011 regulations concerning mandatory tip pooling.
Under the Fair Labor Standards Act (FLSA), employers may, in certain situations, take a "tip credit" for some of the tips a tipped employee receives to satisfy the employer's minimum wage obligations.
Read MoreDoes your business have an employee break policy? Do you pay employees during their coffee, bathroom, and other short breaks? According to the Third Circuit Court of Appeals (which has jurisdiction over New Jersey), if those breaks last less than 20 minutes, employees must be paid for that time under the Fair Labor Standards Act (FLSA).
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