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 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 is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more
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
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
This week the U.S. Department of Labor published increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act.
These new levels, approximately 2% higher than those...more
The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more
9/8/2017
/ COBRA ,
Department of Homeland Security (DHS) ,
Disaster Preparedness ,
Donations ,
Emergency Response ,
Employer Group Health Plans ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Season ,
Labor Relations ,
Military Leave ,
Natural Disasters ,
Plant Closures ,
Popular ,
Retirement Plan ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more
9/7/2017
/ Abeyance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Minimum Wage ,
Motion To Intervene ,
Obama Administration ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more
9/2/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more
As employers wait to see whether, when, and to what extent the federal Fair Labor Standards Act's minimum wage might increase in the near future, many other jurisdictions have continued to raise their rates to levels higher...more
This holiday season, many employers were thankful for the preliminary injunction that blocked the Fair Labor Standards Act (FLSA) exemption changes from going into effect on December 1 as scheduled. Those changes would have...more
The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect...more
Yesterday afternoon, Texas federal District Judge Amos Mazzant preliminarily enjoined the U.S. Labor Department from "implementing or enforcing" the salary-related changes in the federal Fair Labor Standards Act's "white...more
Employers designing pay plans for employees who are or will be non-exempt should take care not to be misled by murky U.S. Department of Labor "guidance" published in connection with the coming federal Fair Labor Standards Act...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Labor Department has published the 2017 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658. The Order was implemented through regulations appearing at 29...more
The U.S. Labor Department has issued an Interim Final Rule that will substantially increase the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and related...more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
7/6/2016
/ Child Labor ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
OSHA ,
Visas ,
Wage and Hour
The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and...more