DOL

On October, 11, 2022, the U.S. Department of Labor (DOL) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  The proposal would significantly broaden the classification of workers as employees under the FLSA. 

Traditionally, to determine whether

On August 19, 2022, the U.S. Departments of Labor, Treasury, and Health & Human Services issued final rules entitled, “Requirements Related to Surprise Billing: Final Rules,” which modify the independent dispute resolution (IDR) process implemented under the No Surprises Act. 

The No Surprises Act (the Act), enacted as part of the Consolidated Appropriations Act, 2021

Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after filing suit, the parties notified the court that they resolved the claims and requested a phone call with the court

This week, in Hughes et al. v. Northwestern University et al., the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) imposes a duty of prudence on fiduciaries that includes a continuing duty to monitor investments and remove imprudent investments in a reasonable time. The defined contribution plans at issue each

The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two agencies.”  The DOL-WHD enforces the minimum wage and overtime requirements while the NLRB enforces the National Labor Relations Act (NLRA).

Under

The U.S. Department of Labor (“DOL”) published a Final Rule on Monday November 22, 2021 raising the minimum wage for federal contractor employees to $15 an hour. The Rule takes effect on January 30, 2022 and will apply to new or updated contracts with the U.S. Government. The higher wage will apply to existing contracts

On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS).

The Memo provides that employers have bargaining obligations regarding aspects of the ETS that affect terms and conditions

The Department of Labor (“DOL”) announced publication of the Dual Jobs final rule. This rule finalizes the DOL’s proposal to withdraw one portion of the Fair Labor Standards Act (“FLSA”) tip rule that was finalized in 2020. Employers who employ workers engaged in tipped work, like servers and bartenders, need to consider how this rule

Please join us for the 9th Annual HR Legal Summit, co-sponsored by Ballard Spahr and SEPA SHRM. This year’s HR Legal Summit will be held in the mornings on Thursday, September 30 and Friday, October 1, 2021. We are excited about this year’s virtual conference with cutting edge sessions, top-notch speakers, professional credits, fresh