COVID-19 Update September 2, 2020

Several interesting items came out from the Department of Labor (DOL) today.

First, they are sending a proposed rule to the White House for review to clarify how to determine if workers are independent contractors or employees under the Fair Labor Standards Act (FLSA). This clarification is much needed since the current definition is at times such a grey area for employers. It would be nice for these individuals to know where they stand, especially since independent contractors, including many gig-economy workers, are not eligible for minimum wage, overtime and other benefits that employees must receive.

Second, the DOL has given employers options for reimbursing delivery drivers. The IRS business standard mileage rate is optional, not required by the FLSA. During the Coronavirus pandemic, there are lots of industries besides restaurants that have added delivery services, so this could help with navigating the post-COVID-19 world of business.

That said, as many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many potential pitfalls in the administration of their retirement, health and welfare plans, and their executive compensation arrangements. Let us know if Delta can help shed some light on processes to consider for benefits and pay when reopening and rehiring.