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U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March 11, 2024, and will generally make it more difficult for businesses to classify workers as independent contractors, rather than […]

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Federal Contractor Minimum Wage Increase

The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly wage by $4.05 for all federal contractor employees. If implemented: On January 30, 2022, all federal agencies must incorporate the […]

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The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce.  Close behind supervisory training is the need for a formal, written telework policy.  The workplace strains brought about by the sudden […]

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EW
Former Partner
SP
Partner
RB
Former Associate

Federal Equal Employment Opportunity Law – Recent Developments

2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue to shape the employment landscape. Here are summaries of nine of these key cases, along with […]

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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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Show Them the Money: Colorado’s New Equal Pay Law

Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of the Act and the EPT Rules to help employers with Colorado employees ensure that hiring, […]

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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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SP
Former Associate

COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here to continue reading.

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KB
AD
BH
Of Counsel

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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SP
Former Associate

Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses […]

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