independent contractor classification rules

New Independent Contractor Classification Rule

On Jan. 9, the United States Department of Labor (DOL) released details regarding its final rule on the classification of independent contractors under the Fair Labor Standards Act (FLSA), and on Jan. 10, the DOL published the rule itself, available here. DOL indicated that the intent of the new regulation was to bring the regulatory framework in line with the FLSA itself, as well as judicial precedent interpreting the law.

Determining whether an individual should be classified as an independent contractor or an employee is relatively complex, and the proper analysis has been the subject of a decades-long debate by courts and administrative agencies, with various standards utilized and evolving over time.

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overtime exemptions for professional employees

Revising Overtime Exemptions for Executive, Administrative and Professional Employees

Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is a minimum salary increase to slightly more than $55,000 per year (up from $35,568)—is more measured than many anticipated, it could still have a massive impact across industries and commands employers’ attention.

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lgbtq workplace harassment

EEOC Harassment Guidelines Issued

On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”

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minnesota-mom-paid-bonding-leave

Minnesota Paid Family Leave Facts

On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”

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Minnesota paid sick and safe leave act update

Minnesota Paid Sick and Safe Time Leave Law Update

On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”

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nonexempt employee

DOL Changes to Pay Threshold for Nonexempt Employees

On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”

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sick employees and paid sick leave in minnesota

Minnesota Paid Sick Leave 2023

On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”

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marijuana and Minnesota employment law 2023

Minnesota Marijuana Employment Law 2023

Nothing in the newly amended CPA prohibits employers from taking action against employees who use, possess, sell, transfer, or are impaired while working, while on work premises, or while operating an employer’s vehicles, machines, or equipment. Similarly, employers may continue prohibiting the use of such products if failing to do so would violate another federal or state law or regulation or cause the employer to lose money or any licensing-related benefit under federal law or regulations.

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New Protections for Nursing Mothers, Pregnancy Accommodations and Parental Leave in Minnesota

The new Minnesota Omnibus jobs law broadens protections for lactating employees and increases pregnancy accommodation rights and expanded unpaid parental leave. For Lactating Employees, did the new law will remove the 12 month limit, remove employer rights to deny reasonable break time and provide a better space other than a bathroom? Yes, Yes and Yes

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