Employers: Heed Recent Guidance on PUMP Act
WHD’s recent guidance provides further details about requirements and potential remedies for violation of the Act.
US Department of Labor Issues Final Rule on Tipped Workers
On October 28, 2021, the US Department of Labor (DOL) issued its Final Rule on tipped workers, establishing when tipped employees can be paid less than the federal minimum wage, an issue that has been in a state of flux over the last several years. The Final Rule will take effect on December 28, 2021. […]
Provisions of Final Tip Pool Rule Effective November 23, 2021
The U.S. Department of Labor’s latest final tip pool rule provisions will take effect on November 23, 2021. For further discussion on other provisions of the final rule that were implemented in April 2021, please see Lake Effect’s prior blog on this topic. The following provisions of the final tip pool rule will take effect […]
DOL Withdraws Final Rule on Independent Contractor Status under FLSA
On May 5, 2021, the Department of Labor (“DOL”) announced a new final rule withdrawing the “Independent Contractor Status Under the Fair Labor Standards Act” final rule (Independent Contractor Rule) that had been published on January 7, 2021, to take effect on March 8, 2021. Of note, the DOL is not issuing new federal guidance […]
Major Provisions of Final Tip Pool Rule Become Effective April 30, 2021
Three main provisions of the US Department of Labor’s final tip pool rule take effect April 30, 2021. Other parts of the rule are delayed and could be further revised by the Biden Administration. For a complete discussion of the final rule, issued on December 22, 2020, please see Lake Effect’s prior blog on this […]
New COBRA Notice Requirements for Employers Under the American Rescue Plan Act
On April 7, 2021, the US Department of Labor published FAQs and model notices implementing the temporary COBRA premium assistance provisions of the American Rescue Plan Act of 2021 (ARPA). Employers and other group health plan issuers are subject to new COBRA notice and other requirements. What: Under the ARPA, “Assistance Eligible Individuals” may elect […]
Biden Administration Impact on the Workplace
Just one week into his administration, President Biden has signaled that he will take a fresh look at current issues affecting American workers and workplaces. His recent executive orders and memoranda include the following actions: Halt Final Rules governing tip pools and independent contractors: This Executive memorandum stays pending final rules that have been published […]
DOL provides additional guidance on tipped employees
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 15, 2021, the US Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters relating to tipped employees. In FLSA2021-4, the WHD considered whether a restaurant may institute a tip pool that includes both servers (for […]
DOL clarifies FLSA’s “amusement or recreational establishment” exemption
On January 15, 2021, the Wage and Hour Division (WHD) of the US Department of Labor issued opinion letter FLSA2021-3. The letter explores the scope of Section 13 (a)(3) of the Fair Labor Standards Act (FLSA), which creates an exemption from the minimum wage and overtime provisions for “an employee employed by an establishment which […]
DOL Issues Final Rule on Independent Contractor Status under FLSA
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 6, 2021, the US Department of Labor announced a final rule establishing the test for whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The final rule […]
