Published: January 9, 2018

On January 5, 2018, the U.S. Department of Labor (“DOL”) abandoned its six-factor test for assessing whether a worker is an intern or an employee, for purposes of coverage under the Fair Labor Standards Act (“FLSA”). The six-factor test was conjunctive, and difficult to apply—particularly the factor that the employer gains “no immediate advantage from the activities of the intern.”

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Published: October 31, 2017

On October 30, 2017, the Department of Labor (“DOL”) alerted Texas U.S. District Judge Amos Mazzant that it planned to challenge his August 31, 2017 order invalidating the Obama administration’s controversial 2016 overtime rule. The rule would have significantly expanded the number of executive, administrative and professional (“EAP”) workers eligible for overtime under the Fair Labor Standards Act (“FLSA”) by doubling the minimum salary required to qualify for overtime exemption from $23,660, to roughly $47,000 annually.

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Published: October 16, 2017

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge, Theodore McKee, the Court reviewed the granting of partial summary judgment in favor of the U.S. Department of Labor on claims that Progressive Business Publications failed to pay its employees a minimum wage.

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Published: August 31, 2017

In a long awaited decision, a Texas federal judge struck down the Fair Labor Standards Act (“FLSA”) overtime rule finding that the Department of Labor (“DOL”) exceeded its delegated authority. The rule, which was blocked by injunction in November 2016, was set to raise the white collar exemption minimum salary requirement from $23,660 per year to $47,476 per year effective December 1, 2016.
 

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Published: June 12, 2017

Signaling a clear departure from Obama-era enforcement priorities, the Trump Administration announced on June 7, 2017 that it has withdrawn two Department of Labor guidance documents on worker classification and joint employer status. The worker classification Administrator Interpretation Letter (“AIL”) issued in 2015, strongly favored employee classification over independent contractor classification and took the position that almost all workers would be viewed as employees by the Department of Labor.

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Published: May 11, 2017

As the weather warms up and teens prepare for summer break, many employers ramp up their workforces with student workers to cover extra demand or vacation schedules of regular employees. Here are five tips on avoiding legal pitfalls when hiring summer workers:

1. Make sure to follow rules on work hours for minors. For example, in Pennsylvania, during summer break, here are some of the rules that apply to employing minors:

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Published: February 2, 2017

In a recent decision by the Fourth Circuit, the Court established a new test for determining whether two entities are “joint employers.” The case arose when employees of a construction subcontractor sought overtime wages from the project’s general contractor. A District Court had previously issued summary judgment in favor of the general contractor, but the Fourth Circuit’s recent opinion reversed—finding the general contractor liable for overtime wages because it “jointly employed” the subcontractor’s employees.

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Published: January 23, 2017

On January 19, the National Restaurant Association (“the Association”) asked the U.S. Supreme Court to review a Department of Labor (“DOL”) rule that prohibits “tip pools,” the sharing of tips among “front of the house” staff (i.e., servers and bartenders) and “back of the house” staff (i.e., cooks and dishwashers).

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