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Employer Liability Issues Department of Labor (DOL) Opinion Letter

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

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The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Nilan Johnson Lewis PA

Department of Labor: Managers Must Keep Their Fingers Out of the Tip Jar – Even When They Helped Earn the Tips

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The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee...more

Vedder Price

DOL Reaffirms That Managers And Supervisors May Not Participate In Tip Pools

Vedder Price on

On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances....more

Perkins Coie

DOL Clarifies Daily Expense Reimbursement Payments and Exclusions from Regular Calculations for Overtime Pay

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Fox Rothschild LLP

What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In

Fox Rothschild LLP on

I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated...more

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

Steptoe & Johnson PLLC on

For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more

Perkins Coie

US Department of Labor Clarifies Calculation of FMLA Leave on Holiday Weeks

Perkins Coie on

The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements...more

CDF Labor Law LLP

Federal Court Ruling Opens the Door to Challenge DLSE Opinion Letters

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The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge...more

Fox Rothschild LLP

Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA

Fox Rothschild LLP on

This Sunday was Daylight Savings Time and we pushed the clocks ahead by one hour. This is, on a human level, a welcome event, as it signals winter’s end. Now, I can fling away any vestiges of Seasonal Affective Disorder and...more

Ballard Spahr LLP

DOL Withdraws 2019 FLSA Opinion Letters on Independent Contractors and Compensable Time for Truckers

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On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies....more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

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Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Shook, Hardy & Bacon L.L.P.

Calculating Wages for Partial Workday Employees—A New DOL Opinion Letter

The Wage and Hour Division of the Department of Labor (DOL) has issued an opinion letter addressing compensable time spent commuting between the office and home. The opinion letter comes at a time when employers are beginning...more

Epstein Becker & Green

U.S. Department of Labor Issues New Opinion Letter Clarifying Independent Contractor Status

Epstein Becker & Green on

On January 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued an Opinion Letter applying the Department’s recently-issued Final Rule concerning Independent Contractor Status under the Fair Labor...more

Littler

DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors

Littler on

The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more

Troutman Pepper Locke

Owner-Operator Drivers Are Independent Contractors, Says Labor Department

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Today, one day before the end of President Trump’s Administration, the U.S. Department of Labor issued an opinion letter that certain owner-operator drivers that provide services to a transportation and logistics company are...more

Epstein Becker & Green

The U.S. Department of Labor Releases Final Wage and Hour Opinion Letters of 2020

Epstein Becker & Green on

To close out 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued two new opinion letters addressing overtime payments for caregivers and travel time for partial-day teleworkers under the Fair...more

Perkins Coie

DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing Education

Perkins Coie on

The U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs. In FLSA 2020-15, the DOL...more

McGuireWoods LLP

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

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On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...more

Proskauer - Law and the Workplace

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related...more

Bradley Arant Boult Cummings LLP

There Is More to This than Meets the Eye: Why an Under-the-Radar DOL Wage and Hour Bulletin Is Good News for Employers

The U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair...more

Epstein Becker & Green

Prospectively Reducing Workweeks for Overtime Exempt Employees – With a Commensurate Reduction in Salary – Does Not Necessarily...

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Employers grappling with workplace attendance issues in the wake of the COVID-19 coronavirus may soon face additional challenges resulting from a potential economic downturn. Media stories are already beginning to report on...more

Stokes Wagner

DOL Issues Three New Opinion Letters

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On January 7, 2020, the U.S. Department of Labor published three new opinion letters that every employer should review. The first involves an employer’s nondiscretionary bonus payment of $3,000 given to employees who...more

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