Name: Episode 4: What is New about the DOL’s Proposed “New” Independent Contractor Test? by The Akerman Angle
Duration: 47 min 48 s
Description: Damien DeLaney and Jeff Kimmel, Co-Chairs of Akerman’s Wage and Hour Practice, discuss the Department of Labor’s proposed rule for determining if a worker is an independent contractor that was published for comment on October 13, 2022.

Jeff Kimmel and Damien DeLaney, Co-Chairs of Akerman's Wage and Hour Practice, discuss the wage and hour challenges associated with remote workers. In this episode, Jeff and Damien address what employers need to know to ensure that non-exempt remote workers are paid properly, are given required breaks, and reimbursed for certain expenses incurred by remote workers, as required by applicable law.

Episode 2: Wage and Hour Challenges of a Remote Workforce

Damien DeLaney and Jeff Kimmel, Co-Chairs of Akerman’s Wage and Hour Practice, discuss the Department of Labor’s proposed rule for determining if a worker is an independent contractor that was published for comment on October 13, 2022.

Episode 4: What is New about the DOL’s Proposed “New” Independent Contractor Test?

Damien DeLaney and Jeff Kimmel, Co-Chairs of Akerman’s Wage and Hour Practice, have a discussion with Genaira Tyce, a partner in Akerman’s Traditional Labor Law Practice, about the increasing overlap between wage and hour laws and traditional labor law. The NLRB has been expanding its interpretation of the National Labor Relations Act to include claims that previously had been thought of as under the domain of wage an hour law. In addition, the NLRB and the DOL have entered into a memorandum of understanding to foster cooperation between the two agencies in order to increase interagency referrals of potential violations. In this episode, Genaira explains how this affects all employers, including non-union businesses, what they should be aware of, and what they should do to prepare for this new aggressive approach by the NLRB.

Episode 6: The NLRB is Now Looking at Wage and Hour Issues: Here’s What Employers Need to Know

In episode 7, Jeff Kimmel and Damien DeLaney discussed pay transparency laws and trends before a live audience at Akerman’s Labor & Employment Summit in Santa Monica, California. Pay transparency has become a catch-all term for a variety of legal requirements that states and local governments have imposed on employers in an effort to reduce or eliminate inequities in compensation among employees doing similar jobs, which extend from requiring employers to report pay data to government agencies to requiring employers to fully post salary ranges when advertising positions or upon inquiry. Jeff and Damien break down the trends in state and local pay transparency laws, as well as bans on salary history inquiries; the effects of those laws on employees and employers; best practices for how employers can comply; and they take on questions from the audience.

Episode 7: Akerman Angle Wage and Hour Podcast: Pay Transparency Laws and Trends

Podcast by Damien DeLaney and Jeff Kimmel

Episode 4: What is New about the DOL’s Proposed “New” Independent Contractor Test?

The Akerman Angle

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