Austin Wolfe
As seen in:
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JD Supra,
Grow,
Mondaq,
LexBlog,
FinMasters,
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Olney Magazine
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Articles by Austin Wolfe
No Surprises: Avoiding Unanticipated Employment Relationships
Organizations understand the importance of knowing which of their workers are considered employees and which workers are not. The distinction can affect obligations involving overtime pay, unemployment and workers’ compensation premiums, employment taxes, benefits and anti-discrimination protections. Independent contractor and joint employer tests that draw these lines continue to shift. Classification remains highly fact-specific, and the consequences of getting it wrong can be significant.
Wage and Hour Division Opinion Letters: A Summertime Roundup
[co-author: Wyatt Beddow] On May 28th, the Department of Labor’s Wage and Hour Division (WHD) issued several new Opinion Letters, addressing questions about regular rate calculations, overtime exemptions, and determining hours worked. If the details of wage and hour law aren’t your idea of light summer reading, we’ve provided a highlight summary of three of WHD’s letters below.
DOL Seeks to Resurrect Independent Contractor Rule from Late Trump 1.0 | JD Supra
On February 26, 2026, the Department of Labor, Wage and Hour Division issued a “Notice of Proposed Rulemaking,” revealing its intention to revoke the Biden-era definition of “independent contractor” and reinstate a 2021 rule, with a few modifications. The Proposed Rule would modify the current standard used for identifying which workers are covered as “employees” (or, on the other hand, those not covered as independent contractors) under the FLSA, FMLA, and other federal law.
Let’s keep your holiday parties merry, bright, and stress-free | JD Supra
[co-author: Madeleine Campbell] With 2025 winding down and the holiday season upon us, many organizations are planning to celebrate another year in the books, boost employee morale, and foster workplace camaraderie. While holiday parties may feel like a break from work, it’s important to remember that company policies, including those against harassment and discrimination, still apply during these festivities.
What’s Next for Tax on Tips and Overtime Wages? | JD Supra
With the passage of President Trump’s signature One Big Beautiful Bill, all the chatter about eliminating tax on tips and overtime wages has become something of a reality. However, the details of how the elimination of these taxes will work, and what obligations this may impose on employers, are worth a closer look. What do employers need to know about the elimination of tax on tips and overtime? For starters, employers should continue to pay ordinary employment taxes on tips and overtime wages.
Federal Court Blocks Rule Raising Minimum Salary Requirements for FLSA’s White-Collar Exemptions | JD Supra
As we previously discussed, the DOL’s April 2024 rule increased the minimum salary requirements for the FLSA’s white-collar exemptions from $684 per week ($35,308 annually) to $844 per week ($42,888 annually) effective July 1, 2024, with another large increase to $1,128 per week ($58,656 annually) scheduled to take effect on January 1, 2025. With this decision, the increased minimum salary requirement that was supposed to take place on January 1, 2025 will not take effect as scheduled.
UPDATE – DOL’s New Minimum Salary Requirements for the FLSA’s White-Collar Exemptions Take Effect (For Every Covered Employer Except Texas) | JD Supra
In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024. These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards Act’s white-collar overtime exemptions. A number of legal challenges were filed seeking to block the new regulations from taking effect.
Federal Court Blocks Key Provisions of Updated Davis-Bacon Regulations | JD Supra
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction projects. The preliminary injunction prevents the DOL from enforcing three provisions of the updated regulations while the litigation proceeds.
DOL Issues Final Regulations Raising the Minimum Salary Requirements for the FLSA’s White-Collar Exemptions | JD Supra
On April 23, 2024, the U.S. Department of Labor issued its Final Rule sharply increasing the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions. These changes, if they take ultimately effect, will affect the overtime exemption eligibility for millions of currently exempt employees nationwide.
DOL Issues Final Regulations Raising the Minimum Salary Requirements for the FLSA’s White-Collar Exemptions
On April 23, 2024, the U.S. Department of Labor issued its Final Rule sharply increasing the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions. These changes, if they take ultimately effect, will affect the overtime exemption eligibility for millions of currently exempt employees nationwide.
Acorns Investing Review
This post may contain affiliate links. That means if you click and buy, I may receive a small commission (at zero cost to you). Please see my full disclosure policy for details. Are you new to investing and have no idea where to start? Do you have limited money to invest, but want to dip your head into the market? For novice investors, it is best to save and diversify your money when investing. Diversification will allow you to invest in multiple market areas.
DOL Rolls Out Final Rule on Independent Contractors under the FLSA | JD Supra
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent contractors are characterized as those workers who, as a matter of economic reality, are not economically dependent on an employer for work; rather, they are in business for themselves.
DOL Rolls Out Final Rule on Independent Contractors under the FLSA
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent contractors are characterized as those workers who, as a matter of economic reality, are not economically dependent on an employer for work; rather, they are in business for themselves.
Trade Group Sues DOL to Invalidate New Davis-Bacon Regulations
We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor. The Final Rule updating those regulations became effective on October 23, 2023. In the time since, contractors have been working to ensure compliance with the new requirements, including, among other things, seeking approval from the DOL before taking Davis-Bacon fringe credit for unfunded benefit plans, like PTO and holiday pay. Recently, however, the Associated Builders and Contractors, Inc.
EXPERT INSIGHTS-DOL ISSUES MAJOR UPDATES TO DAVIS-BACON REGULATIONS
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DOL Issues Major Updates To Davis-Bacon Regulations
On August 8, 2023, the Department of Labor issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects. Contractors who perform work under projects covered by the Davis-Bacon Act should become familiar with their new obligations. We have summarized below some of the key provisions of the Final Rule.
DOL Issues Major Updates to Davis-Bacon Regulations | JD Supra
The DOL recently issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects. Contractors who perform work under projects covered by the Davis-Bacon Act should become familiar with their new obligations. We have summarized below some of the key provisions of the Final Rule.
DOL Issues Major Updates to Davis-Bacon Regulations
The DOL recently issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects. Contractors who perform work under projects covered by the Davis-Bacon Act should become familiar with their new obligations. We have summarized below some of the key provisions of the Final Rule.
Fallin v. Covenant Transporation Group, Inc. et al (TV1)
Fallin v. Covenant Transporation Group, Inc. et al (TV1) Plaintiff: Glen M. Fallin Defendant: Covenant Transporation Group, Inc., Covenant Transport, Inc., Star Transportation, Inc., Landair Transport Inc and Joey B.
Checkin’ It Twice: Things for Employers to Consider as We Celebrate the Season | JD Supra
December 15, 2022 To embed, copy and paste the code into your website or blog: The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right? In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering. Some employees may be ready to reconnect and cut loose.
Checkin’ It Twice: Things for Employers to Consider as We Celebrate the Season
The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right? In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering. Some employees may be ready to reconnect and cut loose. So, this is an opportune time for a quick “refresher” on things employers should keep in mind to help keep all holiday parties ‘holly and jolly,’ and free from Grinchy legal issues.
EXPERT INSIGHTS—DOL proposes a roll back of Trump-era FLSA independent contractor rule
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DOL Proposes a Roll Back of Trump-Era FLSA Independent Contractor Rule | JD Supra
Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”). If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors. The proposed new test would rescind the independent contractor test that was adopted by the DOL in the waning hours of the Trump Administration.
DOL Proposes a Roll Back of Trump-Era FLSA Independent Contractor Rule
Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”). If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors. The proposed new test would rescind the independent contractor test that was adopted by the DOL in the waning hours of the Trump Administration.
Molting of the Owl — Olney
I Slouched in the car under the second heaviest snow of the year, we’re bound for Ashwood − a place to which I’ve made divinely sober and ceremonious vows with myself to never return. Tonight in the hands of winter the trees are twisted and curled like weaves in a basket − and I know mother nature is somewhere out there stoically braiding them together in the dark − languid as a tired tramp.
daa-stoy-ev-skee - Olney
attending a party (even the most diminutive) at the temporary dwindle of a global pandemic gives one an irresolute sense of how to be present—how to remember the laws of interaction and countenance; we are desperate creatures with a deep poverty in our beings that can bear astounding need for community —and i’m standing glum yet thankful in a golden-soft kitchen like the revenant of a past-life—kept to myself though content of it and reminding myself to be responsive, and thinking here we...
L&I Report Sets its Sights on Misclassified Construction Workers | JD Supra
A recent report from a Pennsylvania Department of Labor & Industry task force describes the economic impact of worker misclassification in Pennsylvania and makes several significant recommendations to the legislature. These recommendations, if implemented, could dramatically impact how some Pennsylvania employers manage their workforce, particularly those employers in the construction industry.
PA State and Local Government Employers Escape OSHA’s Vax or Test Rule
Public sector employers of all sizes have been asking whether they must comply with OSHA’s recent Emergency Temporary Standard (“ETS”). The short in Pennsylvania is no – the ETS does not apply to state and local government employers in those states, such as Pennsylvania, that do not have State Plans (that is, an OSHA-approved plan by which a state assumes responsibility for occupational health and safety standards).
Pennsylvania Supreme Court Widens the Gap Between PA and Federal Overtime Laws, Creating More Compliance Challenges for PA Employers
Last week, the Pennsylvania Supreme Court issued a decision that has broad implications for Pennsylvania employers. The Court’s decision in In Re: Amazon.com, Inc., which can be read here, established two important differences between Pennsylvania’s overtime law and the federal Fair Labor Standards Act (FLSA). These differences are likely to create significant potential compliance and liability risks for Pennsylvania employers.
SCOTUS Takes the Power Back: Strikes Down a California Rule Giving Union Organizers the Right to Access Employers’ Land | JD Supra
The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises. The Court held that by requiring employers to provide such access, the regulation amounted to an unconstitutional taking of private property in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution. Below, we examine the facts and holding of the Cedar Point Nursery case.
SCOTUS Takes the Power Back: Strikes Down a California Rule Giving Union Organizers the Right to Access Employers’ Land
The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises. The Court held that by requiring employers to provide such access, the regulation amounted to an unconstitutional taking of private property in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution. Below, we examine the facts and holding of the Cedar Point Nursery case.
Pennsylvania Governor Announces Lifting of COVID-19 Restrictions: What it Does (and Does Not) Mean for Employers | JD Supra
Governor Wolf’s office announced on Tuesday that all COVID-19 mitigation orders will be lifted on Memorial Day, except for the mask mandate. While this is certainly welcome news, and another sign that the pandemic might be on its way out, it is not necessarily a free pass for employers to throw all caution to the wind. What DOES this mean for employers?
Pennsylvania Governor Announces Lifting of COVID-19 Restrictions: What it Does (and Does Not) Mean for Employers
Governor Wolf’s office announced on Tuesday that all COVID-19 mitigation orders will be lifted on Memorial Day, except for the mask mandate. While this is certainly welcome news, and another sign that the pandemic might be on its way out, it is not necessarily a free pass for employers to throw all caution to the wind. What DOES this mean for employers?
DOL Issues New Regulations to Sharpen FLSA Employee/Independent Contractor Classifications: What Does it Mean and Will it Matter? | JD Supra
The U.S. Department of Labor (“DOL”) announced the issuance of a Final Rule to clarify the distinction between an employee and an independent contractor under the Fair Labor Standards Act (“FLSA”). A worker’s classification under the FLSA determines their entitlement to minimum wage and overtime pay, and determines whether an employer is obligated to maintain certain records mandated by the FLSA.
DOL Issues New Regulations to Sharpen FLSA Employee/Independent Contractor Classifications: What Does it Mean and Will it Matter?
The U.S. Department of Labor (“DOL”) announced the issuance of a Final Rule to clarify the distinction between an employee and an independent contractor under the Fair Labor Standards Act (“FLSA”). A worker’s classification under the FLSA determines their entitlement to minimum wage and overtime pay, and determines whether an employer is obligated to maintain certain records mandated by the FLSA.
5 Best Budgeting Tools of 2023 (Free & Paid)
FinMasters content is free. When you purchase through referral links on our site, we earn a commission. Advertiser Disclosure Your budget is the core of your strategy for financial success. Making and following a realistic budget can help you avoid overspending and set money aside for your financial goals. Most of us understand the importance of effective budgeting, but actually implementing a budget can still be difficult. There are a number of budgeting tools that can make it easier.
How I went from zero savings and low credit to $50,000 and a 770 credit score in 4 years
Four years ago, I graduated from college with a degree in international business and finance. But there was something critical that my professors did not teach me: how to manage my own personal finances. My knowledge in that area was limited to a handful of conversations with my dad over the years about how to save and invest. In high school I had been able to build up some savings from two part-time jobs, but once I got to college, the money didn't last long because I wasn't spending mindfully.
DOL Issues Revised FFCRA Regulations | JD Supra
The Department of Labor (“DOL”) issued revisions to its Temporary Rule implementing the Families First Coronavirus Response Act (“FFCRA”) on Friday, September 11, 2020 (the “Revised Temporary Rule”). The Revised Temporary Rule was issued in response to the decision by U.S. District Judge J. Paul Oetken of the Southern District of New York on August 3, 2020 (the “District Court Decision”), which had vacated portions of the DOL Temporary Regulations under the FFCRA (“The Original Temporary Rule”).
DOL Issues Revised FFCRA Regulations
The Department of Labor (“DOL”) issued revisions to its Temporary Rule implementing the Families First Coronavirus Response Act (“FFCRA”) on Friday, September 11, 2020 (the “Revised Temporary Rule”). The Revised Temporary Rule was issued in response to the decision by U.S. District Judge J. Paul Oetken of the Southern District of New York on August 3, 2020 (the “District Court Decision”), which had vacated portions of the DOL Temporary Regulations under the FFCRA (“The Original Temporary Rule”).
Federal Judge Vacates Portions of DOL’s FFCRA Regulations | JD Supra
On Monday, August 3, 2020, U.S District Judge J. Paul Oetken of the Southern District of New York issued a Decision and Order striking down portions of the Department of Labor (“DOL”) regulations implementing the Families First Coronavirus Response Act (“FFCRA”).
Federal Judge Vacates Portions of DOL's FFCRA Regulations
On Monday, August 3, 2020, U.S District Judge J. Paul Oetken of the Southern District of New York issued a Decision and Order striking down portions of the Department of Labor (“DOL”) regulations implementing the Families First Coronavirus Response Act (“FFCRA”).
Pennsylvania Construction to Resume May 1st | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Pennsylvania Construction to Resume May 1st
Governor Wolf announced that Pennsylvania construction companies will be permitted to resume operations beginning May 1, one week ahead of schedule, provided they adhere to the Administration’s guidance.
Governor Wolf Unveils Details of a Three Phase Plan to Reopen | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Governor Wolf Unveils Details of a Three Phase Plan to Reopen
Governor Wolf has unveiled further details about his administration’s plan to reopen the Pennsylvania economy, as hopes persist that the pandemic is losing steam. The administration will use a “three-phase matrix” to determine when counties and/or regions around the Commonwealth are ready to begin easing restrictions on work, congregate settings, and social interactions.
OSHA Issues Reminder Regarding Retaliation Prohibition | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Pennsylvania Requires Additional Safety Measures for COVID-19 in the Workplace, Including Mandatory Masks for Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OSHA Issues Reminder Regarding Retaliation Prohibition
In the midst of the COVID-19 pandemic, the Occupational Health and Safety Administration (“OSHA”) saw fit to remind employers that it remains illegal to retaliate against workers who report unsafe and unhealthful working conditions, including workplace issues related to COVID-19.
PA School Districts Given the Green Light to Exceed Mandates of PA School Code on Background Checks for Contractors | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PA School Districts Given the Green Light to Exceed Mandates of PA School Code on Background Checks for Contractors
A recent decision from Pennsylvania’s Commonwealth Court is likely to result in additional burdens on construction firms working with Pennsylvania school districts. In an already tight labor market, the court’s decision in United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 37 v. North Allegheny School District et al could add to the difficulty of finding qualified workers to perform work on school projects.
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