Labor Days

News and analysis from Kelley Drye’s labor and employment practice

The Second Circuit Joins the Party: Provencher v. Bimbo Foods Closes the Door on Out-of-State FLSA Opt-Ins

The Second Circuit has officially weighed in on a long-running jurisdictional dispute in wage and hour litigation, and it’s good news for employers. In Provencher v. Bimbo Foods Bakeries Distribution LLC, No.…

Compliance Calling: Personal Cell Phone Use for Business Purposes and Expense Reimbursement Laws

Remote and hybrid work, once a novelty, is now integrally incorporated into how many employees work effectively forever. Employers and employees alike have settled into longer term remote working arrangements that have…

DOL Signals Abandonment of Current Independent Contractor Rule

No one should be surprised that the independent contractor pendulum—which swings towards making that classification harder in Democratic administrations and easier in Republican ones—is now tilting towards making it…

Complimentary L&E Webinar Series

Join Kelley Drye’s Labor and Employment team for the 2022 WORKing Lunch Series, which includes five webinars focused on the latest trends and developments in workplace law. Sign up for one, some, or all of the…

The Trump-era Independent Contractor Rule is Officially Out

Last week, the Trump-era independent contractor classification rule was officially eradicated by the U.S. Department of Labor, (“DOL”) due to its apparent inconsistency with the Fair Labor Standards Act (“FLSA”). The…