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U.S. Dept. of Labor Withdraws Guidance on Independent Contractors and Joint Employment

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June 7, 2017

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On June 7, 2017, in a somewhat surprising turn of events, the U.S. Secretary of Labor withdrew the Department’s previously issued informal guidance on independent contractors and joint employment.  The Department’s announcement stated that:

“Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department’s long standing regulations and case law.”

DOL Increases Civil Money Penalties for 2017

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January 13, 2017

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The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA.  These penalties are adjusted annually based on the Consumer Price Index to account for inflation.

New Federal Posters Must be Posted August 1, 2016!

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August 1, 2016

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This week, the federal government revised two of its required posters.  These posters must be displayed by ALL employers as of Monday, August 1, 2016.

The affected posters can be downloaded for free from the Department of Labor’s website. Click on the links below to visit the DOL’s page for instructions.

Employers May Bypass Union Activities’ Reporting Requirement Under the “Persuader Rule” If They Take Action Before July 1st

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July 1, 2016

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Last month, we reported on the U.S. Department of Labor’s (“DOL”) recently-issued Final Rule (“Rule”), designed to boost transparency in union/collective bargaining. Beginning July 1, 2016, the Rule requires public disclosures from an employer’s advisors (e.g., labor relations consultants or attorneys) who are engaged to perform any work that “has the ultimate objective of persuading employees” in relation to union/collective bargaining matters.

U.S. DOL Issues Administrator’s Interpretation on Employee Misclassification

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The misclassification of workers as independent contractors has been an ongoing challenge for employers and workers alike. Due to the fact that contractors lack many workplace protections—such as minimum wage or workers’ compensation rights—and that misclassification results in lower tax revenues for the government, the U.S. Dept. of Labor (“DOL”) recently released Administrator’s Interpretation No. 2015-1. This interpretation, published on July 15, 2015, provides guidance on the existing rules for classifying employees.

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U.S. Dept. of Labor Publishes Proposed Revisions to FLSA Overtime Rules

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July 6, 2015

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After a months-long wait, the U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) regarding amendments to the Fair Labor Standards Act (FLSA) white collar overtime exemption rules. The NPRM was released on July 6, 2015, and outlines new exempt eligibility requirements.

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U.S. Department of Labor Announces New Model COBRA and CHIP Notices

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All Employers offering single employer health plans with 20 or more employees

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May 2, 2014

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The U.S. Department of Labor (DOL) has announced updates to model notices that employers, who offer single employer health plans under federal guidelines and have twenty or more employees, must provide to their employees who receive health care benefits. These include a notice provided at the start of employment and a notice at the end of employment, informing employees of their eligibility to continue and later purchase, health insurance coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA).

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U.S. DOL Implements Laws Expanding FMLA Protections

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Private-Sector Employers with 50 or more Employees

Public Agencies, Public or Private Elementary or Secondary Schools

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March 8, 2013

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Starting March 8, 2013 all companies of 50 or more employees must display an updated federal family leave poster. The final rule outlining the requirement was issued last week by the U.S. Department of Labor (DOL) to implement federal laws expanding Family and Medical Leave Act (FMLA) protections.

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