Search Results for keywords:"Fair Labor Standards Act"

The U.S. Department of Labor is proposing to stop issuing certificates that allow employers to pay subminimum wages to workers with disabilities under the Fair Labor Standards Act (FLSA) Section 14(c). This decision is based on the conclusion that such wages are no longer necessary due to improved employment opportunities and legal protections for individuals with disabilities. If enacted, the proposal would phase out new certificates immediately and existing ones over three years, ensuring that all affected workers transition to being paid at least the regular minimum wage. The Department believes that this change reflects broader societal shifts towards equality and inclusion for workers with disabilities.

The Wage and Hour Division of the Department of Labor is proposing to delay the effective date of the "Independent Contractor Rule" from March 8, 2021, to May 7, 2021. This proposal follows a Presidential directive for a regulatory freeze to allow for further review of new rules. The rule aims to establish a new standard for classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Public comments on this delay are encouraged and must be submitted by February 24, 2021.

The U.S. Department of Labor is revising its regulations to comply with a court order that vacated parts of a 2021 rule about tipped workers. The rule originally defined when an employee could be considered to be working in two different jobs and how tips could be used to cover minimum wage requirements. Following the court's decision, the Department is returning to regulations that were in place before these changes. This update is a technical correction and does not change any current requirements for paying tipped employees under the Fair Labor Standards Act.

The Department of Labor has decided to delay the implementation of the Tip Regulations Under the Fair Labor Standards Act (FLSA) until April 30, 2021. This decision follows a directive for a "Regulatory Freeze Pending Review" to ensure that the rule's legal, policy, and factual issues are fully assessed. Many stakeholders during a public comment period supported the delay, expressing concerns that the rule might have complicated effects on workers, including tip credit application and compliance costs for employers. The decision also allows time to address a legal complaint arguing that certain aspects of the rule are contrary to existing laws.

The Wage and Hour Division of the Department of Labor has proposed delaying the effective date for the "Tip Regulations Under the Fair Labor Standards Act" from March 1, 2021, to April 30, 2021. This delay aligns with a request by the President to pause many new regulations for further review. The proposed delay will provide more time to analyze how the rule, which changes how employers can handle their employees' tips, complies with recent amendments and the potential impacts on employers and employees. Interested parties can submit comments on the proposed delay by February 17, 2021.

The U.S. Department of Labor has issued a new final rule to clarify the differences between employees and independent contractors under the Fair Labor Standards Act (FLSA). This rule is intended to make these distinctions clearer by providing guidance based on economic realities, which consider factors like a worker’s control over their work and the potential for profit or loss. Two main factors, related to control and profit potential, are seen as more significant in determining a worker's status. The rule aims to increase predictability for both workers and businesses across all industries.