Doug Hass

Doug Hass

Franczek Radelet P.C.

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Can Employers Offer Compensatory Time to Exempt Employees? [Wage & Hour FAQ]

Recently, two blog readers asked a question about the use of compensatory (comp) time in the private sector during a discussion about tracking exempt employees’ hours worked. One reader’s company tracked exempt employees’...more

7/28/2015 - Compensatory Time Off DOL Exempt-Employees Flex-Time Policies FLSA Private Sector PTO Public Employers Wage and Hour

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

7/24/2015 - Accounting Compliance DOL Exemptions FLSA Healthcare Home Health Care Minimum Salary Nurses Proposed Regulation Unpaid Overtime Wage and Hour White-Collar Exemptions

DOL Outlines New "Economic Dependence" Test for Independent Contractors

The DOL continues to deliver on the promise of its busy summer. This morning, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil announced a new, 15-page Administrator’s Interpretation in a DOL blog...more

7/16/2015 - DOL FLSA Independent Contractors Misclassification Sharing Economy Uber Wage and Hour Wireless Industry

Answering Your Questions about the New FLSA Regulations [Wage & Hour FAQ]

As you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing...more

7/14/2015 - Bureau of Labor Statistics Compliance DOL Educational Institutions FLSA Minimum Salary Non-Exempt Employees NPRM Perez v Mortage Bankers Assoc Physicians Teachers Unpaid Overtime Wage and Hour White-Collar Exemptions

The New FLSA Regulations: The DOL's Actual Proposed Language

We have been covering the Department of Labor Wage & Hour Division’s (WHD) finally released proposal to amend the Fair Labor Standards Act (FLSA), which was published last week. The Notice of Proposed Rulemaking (NPRM) is...more

7/9/2015 - Compliance DOL Federal Register FLSA Information Technology Minimum Salary Motion Picture Industry NPRM Unpaid Overtime Wage and Hour White-Collar Exemptions

The DOL's Surprising Conclusion about Employers in the New FLSA Regulations

Last week, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing the “white collar”...more

7/8/2015

The New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers

On June 30th, the Department of Labor’s Wage & Hour Division (WHD) announced its long-awaited proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar”...more

6/30/2015 - DOL Exempt-Employees FLSA NPRM Popular Wage and Hour White-Collar Exemptions

New FLSA Regulations Released, Salary Threshold Doubled

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). The Office of Management and Budget’s Office of Information and...more

6/30/2015 - DOL Exempt-Employees FLSA Human Resources Professionals Multi-Factor Test New Regulations Wage and Hour White-Collar Exemptions

Summer Storms and the FLSA: Paying Employees When Inclement Weather Shuts You Down

As we head into the waning days of June, strong storms and persistent flooding have been all over the news lately. Near me, storms earlier this week demolished homes and businesses, dropped a communications tower on a fire...more

6/26/2015 - DOL Exempt-Employees FLSA Non-Exempt Employees Severe Weather Volunteers Wage and Hour

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

6/25/2015 - Agricultural Workers Day Care DOL Enforcement Actions Healthcare Hospitality Industry Independent Contractors Janitorial Services Restaurant Industry Retail Market Security Guards Strategic Planning Temporary Employees Textiles Unpaid Wages Wage and Hour

DOL Wage and Hour Division to "Clarify" FLSA Independent Contractor Definition

The DOL’s Wage and Hour Division expanded its already busy agenda, announcing upcoming guidance on the Fair Labor Standards Act’s definition of “independent contractor.” WHD Administrator David Weil, speaking at New York...more

6/18/2015 - DOL FLSA Independent Contractors Smartphones Volunteers Wage and Hour Wi-Fi Hotspot

Supreme Court Takes Aim at FLSA Class, Collective Actions

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

6/15/2015 - Class Action Class Certification Collective Actions Comcast v. Behrend Doffing Donning Dukes v Wal-Mart FLSA Petition for Writ of Certiorari Protective Gear Rule 23 SCOTUS Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

6/10/2015 - Corporate Counsel DIversity Lottery Employment Authorization Document F-1 Foreign Affiliates H-1B Highly-Skilled Workers Visa Hiring & Firing Human Resources Professionals OPT Popular STEM TN-Visas USCIS Visa Caps

Determining When a Commission is "Earned" When Calculating the Regular Rate

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional...more

6/9/2015 - Bonuses Exempt-Employees FLSA Non-Exempt Employees Sales Commissions Wages

New Department of Labor Agenda Delays Persuader Rules Again; Announces Other Priorities

For the past several years, we have been tracking the U.S. Department of Labor’s (DOL) consideration of new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure...more

6/5/2015 - Consultants DOL LMRDA Persuader Rules Regulatory Agenda Reporting Requirements Unions

Even for Hourly Workers, Calculating the "Regular Rate" Can Be Complex

No matter if you are new to the wage and hour world and this blog, you still probably know that employers need to pay their non-exempt employees an overtime premium for all hours worked in a workweek beyond 40, pursuant to...more

6/5/2015

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

6/4/2015 - ADA Best Management Practices Hospitality Industry Hotels Popular Public Accommodation Restaurant Industry Retailers Shopping Centers Title III

Department of Labor Seeks Information about Employees' Use of Smartphones

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

6/2/2015 - Corporate Counsel DOL FLSA Obama Administration Off-Duty Employees Popular Regulatory Agenda Smartphones Wage and Hour White-Collar Exemptions

Moving Exempt Employees to Non-Exempt Status [Wage & Hour FAQs]

We discuss the misclassification of non-exempt employees regularly here on the blog and in our presentations at conferences and webinars, but a reader of the blog wrote me before the holiday weekend to ask about the reverse...more

5/28/2015 - FLSA Misclassification Non-Exempt Employees OIRA OMB Wage and Hour

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

5/27/2015 - ALJ Appeals DOL H-1B I-129 Immigration Reform LCA USCIS Visas

Supreme Court Declines to Hear Severance Agreement FLSA Collective Action Waiver Case

The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights. Last summer, the...more

5/15/2015 - Arbitration Collective Actions FLSA SCOTUS Severance Agreements Unpaid Overtime Wage and Hour

Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints

On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints...more

5/7/2015 - Anti-Retaliation Provisions DOL EEOC FLSA Wage and Hour Wrongful Termination

DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). Yesterday, we received word that the DOL has completed a draft of...more

5/6/2015 - Administrative Procedure Act DOL FLSA OIRA Unpaid Overtime Wage and Hour

Wage and Hour Basics Series: Penalties for FLSA Non-Compliance

Periodically this year, we have discussed some of the fundamentals of wage and hour law, starting with a general review of the white collar exemptions. We will continue to periodically review some of the more fundamental...more

5/1/2015 - Corporate Counsel Employer Liability Issues Enforcement Exempt-Employees FLSA Liquidated Damages Wage and Hour

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

4/29/2015 - Corporate Counsel Data Collection DOL EBSA Enforcement Actions FLSA OFCCP OSHA Public Disclosure Transparency Wage and Hour

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