The DOL recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable products are employees or independent contractors under the FLSA.
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.
With the inauguration of President-elect Joseph R. Biden, Jr. imminent and Democrats now poised to take control of the Senate, WPI offers the following insights on what may be expected on the labor and employment front in the weeks and months to come.
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior Court, applies retroactively.
We continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact employers’ ability to sponsor foreign workers on visas.