Posts Tagged ‘DOL’

DOL rescinds prior guidance on interns, adopts primary beneficiary test

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and inconsistent with the Fair Labor Standards Act. The 2010 guidance required employers to apply a rigid six-factor test. Under the 2010 guidance,…

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Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount. Employees were already being paid more than minimum wage Employee Bridgette Marlow brought suit against her employer, The New Food…

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401(k) Compliance and Enforcement Update

Brandon P. Long Judy Burdg Melissa J. Cottle Within the past year, the Internal Revenue Service and the U.S. Department of Labor have issued new guidance impacting 401(k) retirement plans. At the same time, new lawsuits have been filed against plan fiduciaries. The list of rules that plan administrators must keep track of is longer…

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Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most commonly found with companies that use temporary employees, staffing agencies or independent contractors, it can also apply to franchisor-franchisee and contractor-subcontractor relationships. When…

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Texas court stops DOL effort to expand overtime

The November 22 ruling by a Texas federal court delays implementation of the U.S. Department of Labor’s (DOL) new regulations which would have increased the number of employees entitled to overtime pay. In fact, the court’s decision calls into question whether the proposed overtime changes will ever go into effect. The DOL’s proposed regulations doubling…

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Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that situation, 2017 might find you in the crosshairs of governmental agencies that want to treat you as a “joint employer.”…

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