BW INSIGHTS

DOL Independent Contractor Final Rule

On January 9, 2024, the Department of Labor (DOL) released its Final Rule which changes the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024, and rescinds the 2021 independent contractor rule, replacing it with an analysis that the DOL explains, is... Read More

The NLRB Issues a Final Rule Regarding The Joint-Employer Standard

On October 26, 2023, the National Labor Relations Board issued a final rule addressing how to determine whether two employers have joint-employer status. The final rule introduced a broadened standard as to who may classify as a joint-employer. The new standard will go into effect on December 26, 2023. A “New” Standard The final rule establishes... Read More

Minnesota Passes Paid Family and Medical Leave: Effective in 2026

Paid Family and Medical Leave On May 25, 2023, Minnesota Governor Tim Walz signed a Paid Family and Medical Leave bill (HF 2). The law provides employees with up to 20 weeks of paid family or medical leave per year. The leave program will be administered by a new division of the Minnesota Department of Employment and Economic Development: The... Read More

Child Labor Regulations Relaxed in Iowa

On May 26, 2023, Iowa experienced a significant development in its child labor laws as Governor Kim Reynolds signed a new bill into law. This legislation, which had previously cleared the state legislature (House 60-34, Senate 29-18), was submitted to Governor Reynolds for her final approval on May 3, 2023. The newly enacted law modifies existing... Read More

NLRB Returns to Previous Precedent for Employee Severance Agreements

On February 21, 2023, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb, returning to previous precedent holding that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act (NLRA). The decision involved severance agreements... Read More

IRS Updates Guidelines to Allow Deferral of Employer Social Security Tax

Following the passage of the Paycheck Protection Program Flexibility Act of 2020 (PPPFA), the Internal Revenue Service (IRS) has updated their FAQ regarding an employer’s ability to defer Social Security taxes. Now, even employers that have received partial or full forgiveness of their PPP loan may defer the payment of Social Security taxes due... Read More

Determining Whether Your Business Qualifies as Essential

More and more state and local governments are issuing “stay at home” orders that require all non-essential businesses to cease operations and send employees home. We’ve received many client questions regarding the ramifications of these orders, the definition of an “essential business,” and the registration requirements for essential businesses.... Read More

2020 Legislative Session - Week 6

Lawmakers focused heavily on committee work this week, as they raced to beat Friday’s first funnel deadline. Most legislation that hasn't passed full committee in either the Senate or the House isn't eligible for consideration the rest of session. (The major exceptions to this rule are bills dealing with taxes, spending, or government oversight.)... Read More

DOL Releases Updated FMLA Forms

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers... Read More