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 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

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

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

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

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

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

9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA

Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor's (DOL) "flip-flopped"...more

4/15/2015 - Appeals Car Dealerships Chevron Deference DOL Employer Liability Issues Exempt-Employees FLSA Perez v Mortage Bankers Assoc Service Advisors Wage and Hour

DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities

Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony...more

3/24/2015 - DOL FLSA Secretary of Labor Wage and Hour

February Comes and Goes with No Action by DOL on New FLSA Regulations

The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL...more

3/17/2015 - DOL FMLA Wage and Hour

Supreme Court Rejects Notice and Comment Rulemaking Requirement for Agency Interpretations

In a case we labeled one of the “cases to watch” this term, a relatively unified Supreme Court decided in Perez v. Mortgage Bankers Association that a federal agency does not need to engage in notice-and-comment rulemaking...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on...more

3/3/2015 - DOL Employer Liability Issues FLSA Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Last month, we debuted our series on wage and hour basics with a review of the white collar exemptions. As the Department of Labor gets ready to issue revised FLSA regulations, we will continue take a look at some of the more...more

2/27/2015 - DOL Exempt-Employees FLSA Unpaid Overtime Wage and Hour

Predictable Scheduling: The Next FLSA Frontier?

As if the DOL’s new Fair Labor Standards Act regulations weren’t enough to fill your plate this year, a recent interview (subscription required) that the DOL’s Wage and Hour Division Administrator David Weil gave to BNA’s...more

2/17/2015 - DOL FLSA Wage and Hour Work Schedules

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

1/23/2015 - DOL Email Employer Liability Issues Employer Mandates LMRDA NLRB Political Appointments Protected Concerted Activity Purple Communications Reporting Requirements Unions

FLSA Minimum Wage, Overtime Lawsuits Smash Records in 2014, Sharp Growth Continues

The dawning of a new year means it is time to look back at the number of cases filed in federal courts during the past year under the Fair Labor Standards Act. Every year seemingly without fail, that number goes up. 2014 was...more

1/16/2015 - Corporate Counsel DOL Employer Liability Issues Employer Mandates Enforcement Statistics FLSA Minimum Wage Wage and Hour

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