Posts by Daniel Vliet
New Proposed Rule for Classifying Employees and Independent Contractors under the FLSA
On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…
Read MoreWisconsin Supreme Court Decision Provides Opportunities to Reduce Future Unemployment Compensation Costs
On June 26, 2018, the Wisconsin Supreme Court issued its decision in Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al, 2018 WI 77, in which it held that the plain language of the applicable statute allows an employer to adopt its own absenteeism policy, allowing for a violation of…
Read MoreObama’s Overtime Rule Struck Down
On May 23, 2016, the Department of Labor issued new Fair Labor Standards Act regulations which required all employers subject to the Fair Labor Standards Act to pay their “white collar” employees at least $913 per week to remain exempt from overtime. This would have more than doubled the current $455 per week salary threshold. …
Read More7th Circuit Judgment Reinforces Employer Liability for Temporary Workers
Many organizations believe hiring temporary workers from staffing agencies will absolve them of legal obligations that arise during the course of their employment. Unfortunately, as seen in the Scheurer v. Fromm Family Foods LLC decision, this is very rarely the case. Though the Scheurer decision dealt specifically with an arbitration clause, liability can and will…
Read MoreWho Will (and Won’t) be Affected by the DOL’s Changes to White Collar Overtime Exemptions
On May 18, 2016, the Department of Labor (DOL) issued its long awaited revisions to the Fair Labor Standards Act (FLSA) regulations, which significantly raise the salary thresholds required for white collar overtime exemptions. The changes take effect on December 1, 2016. I. Summary of Key Changes The key revisions focus on raising the salary…
Read More