Labor and Employment Law Blog

Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements

On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin Beaton’s decision to decline judicial review of the parties’ FLSA settlement is significant because courts […]

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The American Rescue Plan Act: How the New Legislation Affects Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new obligations. Here, we highlight a few key provisions of the Act relevant to employers.  

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Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do so remotely. While convenient, this practice may compromise their status as exempt employees under federal […]

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There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to simplify and clarify how to determine whether a worker is an employee or an independent […]

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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models

The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot work or telework because they need to care for a child whose school is closed […]

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Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions of the DOL’s regulations are out, it is unclear what—if anything—is “in.” Click here to […]

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice […]

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Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are they a “retail or service establishment?” Click here to continue reading.

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School’s Out for Summer – Can I Get Paid Leave Under the Families First Coronavirus Response Act?

The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide paid leave to employees for a variety of reasons, including when the employee cannot work or telework because the employee’s child’s school or day care is closed due to COVID-19 related reasons. With the end of the school year […]

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The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act

The United States Department of Labor updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed to employees electronically in time for the FFCRA’s effective date of April 1, 2020. Click here for more information.

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