As discussed here, in January 2021, in the waning days of the Trump administration, the U.S. Department of Labor issued a Final Rule setting forth for the first time a standard for differentiating employees and independent contractors under the Fair Labor Standards Act. The scheduled effective date of the new rule was March 8, 2021.
The United States Supreme Court has upheld an Administrator’s Opinion issued by the United States Department of Labor stating that “typical” mortgage-loan officers are not covered by the Administrative exemption to the FLSA’s overtime requirements.
The Supreme Court’s decision in Perez v. Mortg. Bankers Ass'n reversed a Circuit Court decision vacating the Opinion for failure to comply with the procedural requirements of the Administrative Procedure Act (“APA”). Specifically, the Supreme Court ruled that the APA expressly exempts the Department of Labor ...
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Recent Updates
- New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers
- DOL Shelves Independent Contractor Rule
- Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims
- California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable
- New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law