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 […]
DOL Issues Timely Wage and Hour Rule and Guidance
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** Over the last few weeks, the Department of Labor (DOL) has been busy ticking items off its to-do list. We have seen action on everything from tip pooling to employee notices to travel time. Tip Pooling and Tip Credits In […]
DOL Announces Proposed Rule on Independent Contractor Status under the FLSA
On September 22, 2020, the US Department of Labor proposed a new rule to clarify whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The proposed rule will be available for review and public comments for 30 days after it is published in the […]
DOL Issues Revised FFCRA Regulations
On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division posted revised regulations to clarify certain rights and responsibilities under the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”). DOL’s actions are in direct response to an August 2020 New York Federal District Court ruling that invalidated parts of […]
Agencies Update Guidance on COVID-Related Issues as Employees Return to Work
OSHA and the US Department of Labor provide additional guidance on employee health screening information and FFCRA leaves As more employers resume onsite operations and welcome employees back to the workplace, OSHA continues to update its Guidance on Returning to Work. New guidance highlights potential document retention obligations for employers that record employee health screenings […]
