Labor and Employment Law Blog

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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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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Corporate Function — Not Corporate Formality — Determines FLSA Status

The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., Case No. 17-6179, 2018 WL 4762748 (10th Cir. Oct. 3, 2018), the court found that […]

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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters can be found here. The six new opinion letters address the following issues: Compensability of time […]

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ADOSH Finally Approves Federal OSHA Silica Standard

On September 23, 2017, Federal OSHA adopted the silica standard for the construction industry. The general industry aspect of the silica standard took effect on June 23, 2018. As a state plan state, Arizona has six months to adopt the Federal OSHA standard. However, review and approval of this standard had been delayed at the […]

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