Given the huge uptick in telemedicine as a result of the COVID-19 pandemic, the Department of Labor (DOL) issued guidance (Field Assistance Bulletin No. 2020-8) that makes it clear to employers that an employee’s telehealth visit to a provider can be used to support the employee’s need for FMLA leave. The guidance comes on six …
Employers Beware: Misclassification Cases are Costly and Common
Many employers erroneously classify workers who should be employees as independent contractors, due to the significant tax savings. However, misclassification cases present major risks. The independent contractor status for a worker is not favored by the IRS, the Department of Labor (DOL), the states, and many agencies within the states including those enforcing workers’ compensation …
Continue reading “Employers Beware: Misclassification Cases are Costly and Common”
Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration
In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is significant from both the procedural and substantive basis. From 2010 to July 2017, Opinion Letters were replaced by …
What to Watch for in 2018: The New Overtime Rule, Take Two
One of the most significant developments in employment law in 2017 was a federal district court in Texas declaring invalid the Obama Administration’s controversial new overtime rule that would have more than doubled the minimum salary level required to qualify for certain overtime exemptions under the FLSA. Although the business community won this battle, employers …
Continue reading “What to Watch for in 2018: The New Overtime Rule, Take Two”
Department of Labor Ends Appeal Over Salary Basis Test Giving Businesses Green Light to Continue Business as Usual
The U.S. Department of Labor (DOL) decided this week to end its appeal of a preliminary injunction issued by a federal court in Texas. That injunction had stopped implementation of the increased salary basis test regulations issued by the DOL in 2016. The DOL’s decision to end the appeal confirms the continued application of the …