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Degree of Operating Leverage


Towards the end of President Trump’s term, the US Department of Labor (“DOL”) issued a new rule to determine the difference between “employees” and “independent contractors” under the Fair Labor Standards Act (“FLSA”) . This is an important distinction because the FLSA provides various protections for employees, including establishing minimum wage and overtime requirements, which …

Background The FDA announced in March 2020 that due to the pandemic, it was temporarily postponing all routine inspections of domestic and foreign surveillance facilities. [1]/ Importantly, the FDA continued to conduct critical inspections [2]/ where possible and engaged in other forms of review where permitted by law (eg remote inspections for overseas supplier verification …

Pension plans are increasingly subject to cybersecurity concerns, and the United States Department of Labor (DOL) is taking note. On April 14, 2021, the DOL published cybersecurity tips “For plan sponsors, plan trustees, record keepers and plan members on best practices for maintaining cybersecurity, including advice” for hiring service providers and online safety advice for …

On May 5, 2021, the United States Department of Labor (DOL) released a final rule repealing a 2020 rule promulgated by the Trump administration that made it easier to classify workers as independent contractors rather than employees for Fair Labor purposes. . Standards Act (“FLSA”). As a result, the DOL will revert to assessing independent …

“Not if, but when” is a phrase commonly used to describe the risk of a data breach. With just under $ 11 trillion in assets, employer-sponsored pension plans are a particularly attractive target for cybercriminals. Through audits and advice on best practices, the Department of Labor (DOL) encourages pension plan sponsors to pay attention to …

On May 6, 2021, the United States Department of Labor (DOL) withdrew the rules proposed by the Trump administration, which originally sought to revise the test for classifying workers as independent contractors at the federal level for purposes of wages and hours under the Fair Labor Standards Act (LSA). DOL Withdrawal alleges that the rules, …

Gone are the days when the US DOL’s Wage & Hour (“WHD”) division urged employers to proactively identify and collaborate with the division to correct their wage and hour errors. The chapter in which employers might expect WHD to step aside from the threat of double damages outside of blatant cases is closed. After years …

What awaits us For now, the Biden administration has indicated that it has no plans to release a new independent contractor test under the FLSA that may be more restrictive in finding an independent contractor relationship. However, there is both good and bad news on the horizon for employers that will ensure continued uncertainty around …

On May 5, 2021, the U.S. Department of Labor (DOL) removed an end-of-term rule from the Trump administration to determine whether workers should be classified as independent contractors or employees under the Fair Labor Standards Act. The old administration rolled out the rule on January 7, 2021, and although it went through the entire rulemaking …

On May 5, just months after the US Department of Labor issued its final rule to clarify the classification of independent contractors under the Fair Labor Standards Act (FLSA) – the DOL issued a statement to withdraw the rule. The withdrawal will take effect on May 6. The action follows DOL’s hint of its disfavour …