Comment Period Closes for Proposed FLSA Regulation Updating Salary Level

On August 30, 2023, the United States Department of Labor (DOL) announced a proposed rule that would increase the minimum salary requirements for individuals employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as the “white-collar” or “EAP exemption”). The DOL received approximately 33,309 comments during the notice and comment period, which closed on November 7, 2023. We are now waiting for the DOL to publish the final version of the rule.

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U.S. Department of Labor Proposes New Rule to Determine Who is an Employee and Who is an Independent Contractor Under the Fair Labor Standards Act

by Adam Henningsen and Mollie Mohan On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule would rescind an earlier rule on this topic that was published under the Trump Administration. The current rule’s “economic reality” test focuses on whether workers are economically dependent on an employer or are in business for themselves. The

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NLRB Proposes Changes to Joint-Employer Standard

by Adam Henningsen The National Labor Relations Board recently released a notice of proposed rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules.  The

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Tueth Keeney Named A Top Place for Women to Work in New “Women in the Workplace” Report

Tueth Keeney Cooper Mohan & Jackstadt, P.C. was recognized by the Women”™s Foundation of Greater St. Louis (WFSTL) as a top place for women to work in the fifth annual “Women in the Workplace: Employment Scorecard.” Tueth Keeney was recognized as one of 24 St. Louis employers demonstrating excellence in four areas of workplace gender equity ““ leadership, compensation, flexible work policies, and recruitment and retention. 

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Federal Appeals Court Rules That Federal Law May Require Mask Mandates in Public Schools

by Jim Layton In a suit brought by parents of children with serious disabilities, the St. Louis-based U.S. Court of Appeals for the Eighth Circuit upheld an injunction against an Iowa law barring mask mandates in public schools. The court held that “mask requirements are reasonable accommodations required by federal disability law to protect the rights of Plaintiffs’ children.” “Reasonable accommodations” for students (and staff) with disabilities are required by the federal Rehabilitation Act. Prior to the enactment of a

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DHS Extends I-9 In-Person Verification Flexibility Until April 30, 2022

by Luke Phillips On December 15, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility policy regarding the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to continued precautions associated with COVID-19.  The Department of Homeland Security (DHS) will extend this policy until April 30, 2022. Please note, this flexibility policy only applies to employers and workplaces that are operating remotely.  If there are employees physically present at a

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