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Audits Fair Labor Standards Act (FLSA)

Trusaic

DOL Updates FLSA OT Rule: What It Means for Your Pay Equity Efforts

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The U.S. Department of Labor (DOL) announced a final rule that establishes the new salary threshold for overtime consideration at $43,888 under the Fair Labor Standards Act (FLSA). The new threshold takes effect July 1, and...more

Holland & Hart - Employers' Lawyers

DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

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The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Trusaic

EEOC and WHD Alliance Impacts Every Employer

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The EEOC (Equal Employment Opportunities Commission) and Department of Labor WHD (Wage and Hour Division) have agreed on a partnership to enforce “workplace justice issues”. Effective September 13, the EEOC and WHD alliance...more

Davis Wright Tremaine LLP

New York Amends Criminal Larceny Statute to Include Wage Theft

New York employers have another reason to ensure that all employees are properly paid: the risk of criminal prosecution. On September 6, 2023, New York Governor Kathy Hochul signed an amendment to the New York Penal Law which...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

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New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

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I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Trusaic

Illinois Moves Rapidly Towards Pay Transparency In Job Postings

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Illinois is increasingly expected to be the next state to require the disclosure of pay scales in job postings in a further step towards reinforcing its pay transparency laws. Pay equity laws in the state are already...more

Trusaic

The Latest in Pay Transparency and Equal Pay Regulations

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The history of regulations related to pay equity is nothing new. Equal pay regulations can be traced back to 1938, when the Fair Labor Standards Act (FLSA) was enacted. In 1945 Congress introduced the Women’s Equal Pay Act...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

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FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Foley & Lardner LLP

Staffing Companies Beware - The Halloween Nightmare of DOL Audits

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Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

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Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

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The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

PilieroMazza PLLC

Risk Prevention Strategies: Avoiding Costly FLSA Missteps

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The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Jackson Lewis P.C.

Employers Will No Longer Get PAID

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On January 29, 2020, the U.S. Department of Labor (DOL) announced that it was abandoning the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID was introduced in 2018 as a self-audit program,...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: Avoiding Costly FLSA Missteps - February 24th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Gould + Ratner LLP

DOL Issues Updated Guidance, Report on Pandemic-Related Matters

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As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities....more

DirectEmployers Association

OFCCP Week In Review: September 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

ArentFox Schiff

Burlington Coat Left Out in the Cold After Massive FLSA Settlement

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After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages. The cases...more

Jaburg Wilk

Department of Labor Audit, Now What?

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The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

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The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

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It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Amundsen Davis LLC

Considerations For Utilizing The DOL’s Pilot “PAID” Program

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In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

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