March HR Brief

•  DOL Adopts New Joint Employer Determination Test 

 The U.S. Department of Labor (DOL) recently announced a new four-factor balancing test to determine whether two or more organizations should be considered “joint employers” under the Fair Labor Standards Act (FLSA). The final rule establishing the new test becomes effective March 16, 2020 

•  DOL Increases Civil Penalty Amounts for 2020 

 The DOL recently released its 2020 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including: 

• • The FLSA; 
• • The Employee Retirement Income Security Act (ERISA); 
• • The Family and Medical Leave Act (FMLA); and 
• • The Occupational Safety and Health Act (OSH Act). 

To maintain their deterrent effect, the DOL is required to adjust these penalties for inflation, no later than Jan. 15 of each year. Key penalty increases include the following: 

View and download the March HR Brief