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The United States Department of Labor Fair Labor Standards Act

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

Restaurants: Do your employees know that you take the tip credit?

by Franczek Radelet P.C. on

If not, you might have a problem. In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees...more

The "Opportunity Wage" Exception For Younger Workers

by Fisher Phillips on

Summer's approach has sparked renewed interest in the federal Fair Labor Standards Act's provision authorizing a less-than-$7.25 wage rate for certain younger employees in particular circumstances. While there is such...more

5 Tips for Hiring Summer Workers

by Saul Ewing LLP on

As the weather warms up and teens prepare for summer break, many employers ramp up their workforces with student workers to cover extra demand or vacation schedules of regular employees. Here are five tips on avoiding legal...more

Acosta Confirmed as DOL Secretary

by Poyner Spruill LLP on

On April 28, 2017, the U.S. Senate voted 60-38 to approve Alex Acosta as the new Secretary of Labor of the U.S. Department of Labor. Secretary Acosta is currently serving as the Dean of the Florida International University...more

PilieroMazza Legal Advisor - Second Quarter 2017

by PilieroMazza PLLC on

Special Labor and Employment Issue - This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more

Budget Blues: Planning for a Possible Government Shutdown

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now —...more

Hiring Under-18 Workers This Summer?

by Fisher Phillips on

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

It’s Internship Time!

by SmithAmundsen LLC on

It’s that time of the year when college students will come knocking looking for a job or an internship. Depending on the nature of an organization’s business, an unpaid intern might be a great idea....more

The DOL's 2016 Proposed Overtime Rule Under the Trump Administration: Reading the Tea Leaves

by Baker Donelson on

The Department of Labor's Fair Labor Standard Act (FLSA) Overtime Rule was slated to take effect on December 1, 2016. The new regulations would have extended the rights to overtime compensation to millions of additional...more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...more

Appeal of FLSA Overtime Regulations Faces Further Delay

It may seem hard to believe, but it was nearly five months ago that a federal district court entered a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

4th Circuit Sets Forth Test for Determining What Constitutes “Joint Employer” for FLSA Purposes

by PilieroMazza PLLC on

In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the federal courts of Maryland, Virginia, West Virginia, North Carolina and South Carolina) has set forth what will hereafter...more

Waiting Game: Future of Proposed "White Collar" Rules Remains Uncertain

There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more

It's Time To Authorize Private FLSA Releases

by Fisher Phillips on

Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does...more

Tip Pooling by Restaurant Owners-Remains in Flux

by Goulston & Storrs PC on

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where...more

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

by Best Best & Krieger LLP on

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Whatever Happened to Those New FLSA Overtime Regulations? A Status Update

For much of 2016, employers and HR professionals were focused on preparing for the new Fair Labor Standards Act white-collar overtime exemption regulations. The Department of Labor issued the final regulations on May 18,...more

Federal Court In Illinois Rules Online Retailer Of Event Tickets Qualifies As “Retail Establishment” Under Section 207(i) Of The...

by Jackson Lewis P.C. on

An online ticket broker that sells tickets to concerts, sporting events, and the theater qualifies as a “retail or service establishment” under Section 207(i) of the Fair Labor Standards Act (“FLSA”), Judge John Lee of the...more

It Ain’t Over Till It’s Over – California Bill Would Increase Overtime Exemption Salary Threshold

by Fisher Phillips on

Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more

Notes From Acosta Confirmation Hearing

by Fisher Phillips on

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?

by Seyfarth Shaw LLP on

Employers have no doubt been paying close attention to the future of the joint employer doctrine, which was a focus of change and expansion for DOL leadership during the Obama administration. With a new administration in...more

 Be Careful About Signing USDOL Back-Wage Summaries

by Fisher Phillips on

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a...more

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