The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny issues. Now, the USDOL has issued an Opinion Letter addressing this issue as concerns the so-called gig economy. The Opinion Letter focuses on individuals who
The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!
When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or administrative practice or enforcement policy. The Opinion Letter or consistent practice then acts as a
First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of compensable break time as well as the kinds of lump-sum payments that could be garnished for child support.
Renaissance of USDOL Opinion Letters Is An Encouraging Development
Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor Standards Act. I often look to the published body of these letters for guidance and I lamented when the DOL (back in 2010) decided to
USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
I have recently blogged about new exemption regulations being proposed. Well, that is not the only regulatory initiative coming down the pike. The USDOL is about to release guidance on the very confusing and thorny issue of when an individual is an independent contractor. The agency will be issuing another of its “famous” white papers
Security Officers Found To Be Exempt Employees: An Interesting Twist
It is often difficult to claim that security officers are exempt from overtime under the Fair Labor Standards Act. However, in a recent federal lawsuit, four officers who were employed by a private, so-called, paramilitary force that provided security services at the atomic research laboratory at Los Alamos were ruled to be executive employees and
The Demise Of The DOL Opinion Letter
Recently, the United States Department of Labor (“DOL”) issued a white paper or a formal position statement on exemption issues in the financial services industry. I wrote about that in March, when it issued. This was the first in a series of white papers that will replace the longstanding practice of the DOL responding to
Lunch Time Can Be Work Time: Employers Beware!
I have encountered a number of cases where employees do not, whether unintentionally or otherwise, work through their lunch hours (or half-hours) and then later claim they are owed wages or overtime for that work. It is crucial to understand that it is not enough to simply, merely have a policy that requires employees to