Pay

On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies.

The first, FLSA2019-6, addressed the status of independent contractors for an unnamed virtual marketplace company (VMC) and took a more expansive view of independent contractors than the WHD’s…

On February 5, 2021, the 28th anniversary of the Family and Medical Leave Act (FMLA), Senator Kirsten Gillibrand (D-NY) and Representative Rosa DeLauro (D-CT) re-introduced the Family and Medical Leave Insurance (FAMILY) Act in both the Senate and House of Representatives.  The bill aims to create a permanent, national paid family and medical leave…

On January 26, 2021, the U.S. Department of Labor (DOL) suspended the Final Rule on tipped employees that it had issued on December 22, 2020. The Final Rule would have clarified tip-pooling for employees in the food service and hospitality industry, as well as how the tip credit applied to employees who perform both tipped…

The DOL abruptly ended the Payroll Audit Independent Determination (PAID) program on January 29, 2021.  The program, which was adopted during the Trump administration, allowed employers to self-report FLSA violations before a complaint, pay back pay and avoid liquidated damages, penalties or fines.  Employees were prohibited from bringing private actions to recover additional damages for…

The DOL issued an opinion letter on January 19, 2021, finding a wider group of journalists and media personnel qualify for the creative professional exemption under the FLSA.  Traditionally, the DOL and courts found that exemptions under the FLSA should be narrowly construed.  In 2018, the United States Supreme Court upended that standard, finding that…