News & Analysis as of

Opinion Letter Wage and Hour Employment Policies

Conn Maciel Carey LLP

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

Conn Maciel Carey LLP on

The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...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

FordHarrison

DOL Issues Opinion Letters Providing Guidance on Nondiscretionary Lump Sum Bonuses and Per-Project Payments

FordHarrison on

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on January 7, 2020, addressing questions regarding overtime calculation for nondiscretionary lump sum bonuses and per-project...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather

Epstein Becker & Green on

As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create...more

Harris Beach Murtha PLLC

FMLA Leave Designation May Not be Declined or Delayed

Employers sometimes allow their employees to first take paid time off, or other accrued time, before “beginning the clock” for FMLA leave – often times through a Collective Bargaining Agreement (“CBA”), policy or practice....more

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

The Letters Keep Rolling In: DOL Issues 3 More FLSA and FMLA Opinions

On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). ...more

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

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Verrill

I’m Sick - I Need Leave - But I Don’t Want To Use FMLA Leave

Verrill on

How many times have you heard, as a Human Resources professional, an employee make the statement: “I need leave, but I don’t want to use my FMLA leave”? In many cases, our initial response is to educate the employee and help...more

Saul Ewing LLP

Paid Leave May Not Be Used to Expand FMLA-Entitlement

Saul Ewing LLP on

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It is the employer’s obligation...more

Hogan Lovells

New DOL Opinion Letter Clarifies Employer Requirements under the FMLA

Hogan Lovells on

The U.S. Department of Labor (DOL) has issued an Opinion Letter to clarify that under the Family and Medical Leave Act (FMLA), employers cannot (1) delay the designation of FMLA-qualifying leave, even if the employee prefers...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

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 for the past few years—and this past month...more

Amundsen Davis LLC

After Decade Of Silence, DOL On Opinion Letter Spree

Amundsen Davis LLC on

We previously reported that in 2018, the U.S. Department of Labor (DOL) began issuing opinion letters again after nearly a decade of silence. While the legislature makes laws, the consequences of presidential elections flow...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Foley & Lardner LLP

You Can Pay Exempt Employees Their Guaranteed Salaries on an Hourly, Daily, or Shift Basis, and the Department of Labor Has Given...

Foley & Lardner LLP on

Human resources and other professionals who review job positions for possible exemptions under the federal wage and hour law (the Fair Labor Standards Act or FLSA) are familiar with the “salary basis” and “job duties” tests....more

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

Compass: Insights And Direction for Employers - October 2018

Welcome to the inaugural issue of our new quarterly newsletter, Ogletree Deakins Compass. We hope you enjoy the publication, which contains some of the familiar features of the Employment Law Authority, but also has a few new...more

Poyner Spruill LLP

U.S. Department of Labor Issues Opinion Letter Regarding FMLA and No-Fault Attendance Policies

Poyner Spruill LLP on

Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

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 for the past few years—and this past month...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

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

New Enforcement Guidance on “No-Fault” Attendance Policies and FMLA Leave

The U.S. Department of Labor’s Wage and Hour Division (WHD) released a new opinion letter concerning the Family and Medical Leave Act (FMLA) and “no-fault” attendance policies on August 28, 2018. Employers may want to...more

Smith Anderson

U.S. DOL Issues Six Opinion Letters

Smith Anderson on

The U. S. Department of Labor (DOL) released six new opinion letters last week— four addressing application of the Fair Labor Standards Act (FLSA) and two addressing application of the Family Medical Leave Act (FMLA). An...more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

Littler on

The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first four months...more

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

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

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