{"id":6250,"date":"2024-02-21T16:20:45","date_gmt":"2024-02-21T21:20:45","guid":{"rendered":"https:\/\/www.njrestaurantsforsale.com\/?p=6250"},"modified":"2024-03-20T17:08:42","modified_gmt":"2024-03-20T21:08:42","slug":"restaurant-industry-alert-147","status":"publish","type":"post","link":"https:\/\/www.njrestaurantsforsale.com\/restaurant-industry-alert-147\/","title":{"rendered":"Restaurant Industry Alert"},"content":{"rendered":"

New Federal and NY State Rules<\/h3>\n

Remind businesses that worker misclassification can backfire.<\/strong> Recently, the United States Department of Labor (\u201cDOL\u201d) clarified the test that businesses must meet when determining whether a worker should be classified as an independent contractor or an employee under the Fair Labor Standards Act (\u201cFLSA\u201d) (the \u201cFinal Rule\u201d). The Final Rule takes effect March 11, 2024 and is intended to address confusion businesses face due to previous DOL informal guidance and case law that never provided a clear test. The Final Rule establishes a six-factor test \u2013 no one factor is determinative, and courts and government agencies will look to the totality of the circumstances. The six factors are:<\/p>\n