The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the...more
7/24/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
New Guidance ,
Paid Leave ,
Paid Time Off (PTO) ,
Remote Working ,
Return-to-Work Agreements ,
Sick Leave ,
Wage and Hour
USDOL’s Wage and Hour Division kicked off the week with an all-in-one maneuver. Approximately a year ago the FLSA’s 7(i) overtime exemption appeared on the regulatory agenda. Without any further notice, USDOL suddenly moved...more
The U.S. Department of Labor issued a new rule yesterday to regulate the Families First Coronavirus Relief Act (FFCRA) and the paid leave programs that just became law on April 1, 2020. We’ve digested the 124-page document...more
4/3/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
New Rules ,
Paid Leave ,
Rate of Pay ,
Required Documentation ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
Wage and Hour
USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA. This is yet another example of the Wage and Hour Division (WHD) continuing to clean up the mess left by its predecessors....more
The suspense is over – the Department of Labor just this morning announced the revised Overtime Rule, which will set the minimum salary threshold for the Fair Labor Standard Act’s white-collar exemptions at $684 per week, or...more
While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip...more
The comment period for USDOL's most recent proposal regarding the Fair Labor Standards Act's white-collar exemptions (Overtime Rule 2.0) has closed. You probably have heard that the proposed salary level test is "too high"...more
The U.S. Department of Labor issued an opinion letter this week confirming that certain service providers referred through a virtual marketplace company are, indeed, independent contractors for purposes of the federal Fair...more
The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more
The USDOL has proposed to update guidance (for the most part not regulations), regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify the FLSA’s requirements...more
After a year-long pilot, the Department of Labor’s employer-self-audit initiative is apparently here to stay. Which begs the question: should you participate? Let’s look at the most common questions and provide some answers....more
The USDOL's long-awaited proposed white-collar exemption changes a/k/a Overtime Rule 2.0 has been made available. Once it is published in the Federal Register, the public will have 60 days to submit comments regarding, among...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
This week the U.S. Department of Labor published increases in the civil money penalties (CMPs) it can impose for certain violations of the federal Fair Labor Standards Act. These new levels apply to any penalties assessed...more
As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more
1/14/2019
/ Anti-Deficiency Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Employment Eligibility Verification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Foreign Workers ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
OSHA ,
Trump Administration ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...more
12/27/2018
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
Trump Administration ,
USCIS ,
Visas
Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters on Friday: an enlightening one regarding certain volunteers and a simple...more
Earlier this year we shared that the U.S. Department of Labor (USDOL) was launching its Payroll Audit Independent Determination (PAID) program. This month the program was extended and the agency wasted no time beginning its...more
In a case that refuses to go away, the Ninth Circuit, now sitting en banc, has held that the plaintiff in Marsh v. J. Alexander's stated an FLSA minimum wage claim based on the USDOL's so-called "20% Rule" limiting a tipped...more
9/28/2018
/ 20% Rule ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The federal Fair Labor Standards Act has been within the purview of the U.S. Department of Labor for 80 years now. As I understand it, the traditional gift for an 80-year marriage is "oak" on the premise that the strong oak...more
The Trump administration just announced an ambitious plan to overhaul the federal bureaucracy that would include the merging of the Department of Labor (USDOL) with the Department of Education. The 132-page proposal announced...more
The latest regulatory agenda shows four wage-hour items on the U.S. Labor Department's (USDOL) plate. In addition to revisiting the federal Fair Labor Standards Act's (FLSA) white-collar exemptions and tips-related...more
5/10/2018
/ Apprenticeships ,
Child Labor ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minors ,
Over-Time ,
Proposed Rules ,
Regulatory Agenda ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
It has been a busy month for the U.S. Department of Labor (USDOL) with respect to, among other things, the federal Fair Labor Standards Act (FLSA). From enforcement programs to compliance resources, the agency has stepped up...more
Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more
4/3/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Misclassification ,
Off-The-Clock ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
Wage and Hour
The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more
3/8/2018
/ Appeals ,
Colleges ,
Department of Labor (DOL) ,
Economic Realities Test ,
Educational Institutions ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Primary Beneficiary Test ,
Students ,
Universities ,
Wage and Hour
This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more