Proposed New Colorado Wage-and-Hour Rules for 2022

The Colorado Dept. of Labor and Employment (CDLE) has proposed three new sets of wage-and-hour rules to go into effect January 1, 2022.

Erik CanlserCampbell Litigation, P.C.October 7, 2021CDLE, HFWA, COMPS, Fair Labor Standards Act, employeesComment

The U.S. Department of Labor Proposes a New Economic Reality Test to Determine When Workers Classify As Independent Contractors or Employees

The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.

DOL’s Narrowed Joint Employer Rule Struck Down by Federal Court

A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).

Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.

Marijuana Businesses Must Comply With Federal Wage and Hour Laws

The U.S. Court of Appeals for the Tenth Circuit recently held that employers engaged in commercial cannabis activities must comply with wage and hour requirements under the Fair Labor Standards Act (“FLSA”).

Trucking Companies Do Need Not to Pay Drivers for Off-Duty Time in Sleeper Berths

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) has set forth new guidelines for compensating long-haul truck drivers for off-duty time spent in sleeper berths. Under a recent DOL opinion letter, employers need not pay drivers for time they are relieved of all duties and permitted to sleep in adequate sleeping facilities such as a sleeper berth.

Campbell Litigation, P.C.August 8, 2019DOL, FLSA, Fair Labor Standards ActComment

California Employers Must Pay Employees for Minimal and Difficult-to-Track Off-the-Clock Work

California employers must compensate employees for all regularly occurring pre-shift and post-shift tasks that take just a few minutes and are difficult to track, the California Supreme Court recently held.

Campbell Litigation, P.C.August 16, 2018Fair Labor Standards Act, FLSAComment

EMPLOYERS MAY FIND COMFORT IN THE ECONOMIC REALITY TEST FOR INDEPENDENT CONTRACTORS

The U.S. Department of Labor (“DOL”) Administrator’s Interpretation No. 2015-1 (“AI 2015-1”) referenced the use of the Economic Reality Test for companies to determine whether workers were independent contractors or employees. President Obama’s DOL further stated that most workers were employees under the Fair Labor Standards Act (“FLSA”). Earlier this month, President Trump’s DOL withdrew AI 2015-1 and on the DOL website, states that removal of AI 2015-1 “does not change the legal responsibilities of employers under the Fair Labor Standards Act . . ..”

SECOND CIRCUIT BREATHES NEW LIFE INTO INDEPENDENT CONTRACTOR RELATIONSHIPS, FINDING BLACK CAR DRIVERS IN NYC ARE INDEPENDENT CONTRACTORS

Last month, the Second Circuit Court of Appeals (“Second Circuit”) dismissed black-car franchisees’ claims for overtime pay under the Fair Labor Standards Act (“FLSA”), holding the franchisees were independent contractors. The decision shows that courts will recognize and enforce independent contractor relationships where the proper agreements and structure are in place throughout the duration of the working relationship.

Campbell Litigation, P.C.May 18, 2017Independent contractor, Second Circuit, Fair Labor Standards Act, FLSAComment

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