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January 20, 2021

DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the trucking industry.

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January 20, 2021

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).

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January 19, 2021

Department of Labor Issues Two Tip-Related Opinion Letters in Final Days of Outgoing Administration

On January 15, 2021, the U.S. Department of Labor issued two opinion letters addressing tip-related issues.

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January 19, 2021

St. Paul, Minnesota Limits the Amounts Food Delivery Platforms Can Charge During the Pandemic

St. Paul has joined the growing list of cities limiting fees food delivery platforms can earn during the COVID-19 pandemic.

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January 19, 2021

President-Elect Biden Releases COVID-19 Economic Stimulus Proposal

On January 14, 2021, President-elect Joseph R. Biden, Jr. released his administration’s plan for additional COVID-19 economic relief.

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January 19, 2021

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

On January 15, 2021, the DOL’s Wage and Hour Division issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the FLSA’s overtime and minimum wage requirements.

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January 15, 2021

Brazil Adjusts Minimum Salary for “Hyper-Sufficient” Employees

The minimum monthly salary requirement for “hyper-sufficient” employees has gone up in Brazil.

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January 13, 2021

Fifth Circuit Announces More Rigorous Standard for Certification of Collective Actions

On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act.

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January 13, 2021

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

The Oregon Supreme Court recently held that an arbitrator's award of attorney fees, approved by a court, cannot be categorically limited where a defendant’s offer of judgment exceeds plaintiff’s ultimate recovery at trial.

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January 7, 2021

Mexico: Increase to the UMA Value Announced for 2021

On January 7, 2021, Mexico’s National Institute of Statistics and Geography published the new values for the Updated Metric Unit that will take effect on February 1, 2021.

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