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Minimum Wage Opinion Letter

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

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements...more

Littler

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

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It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

Epstein Becker & Green

WHD Releases Six New FLSA Opinion Letters in January 2021 Addressing Exemptions, Overtime Pay Calculations for Tipped Employees,...

The Wage and Hour Division of the U.S. Department of Labor (“WHD”) issued six opinion letters in January 2021. They address a number of important issues under the Fair Labor and Standards Act (“FLSA”). To ensure wage and...more

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

Beltway Buzz - January 2021 #4

Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #4

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

Littler

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

Littler on

On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to...more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

Jackson Lewis P.C. on

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

Hinshaw & Culbertson - Employment Law...

DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation

By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more

Epstein Becker & Green

U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and...

Epstein Becker & Green on

At the end of August, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued four new opinion letters addressing various issues arising under the Fair Labor Standards Act (“FLSA”). The topics covered include the...more

Perkins Coie

DOL Clarifies Fluctuating Workweek Hours Requirement And Other Issues In New Opinion Letters

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued four opinion letters addressing various exemption and compensation requirements under the Fair Labor Standards Act (FLSA), including standards for...more

Fisher Phillips

DOL’s Fluctuating Workweek Opinion Letter Leaves Us With Unanswered Questions

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The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter yesterday addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below...more

Fisher Phillips

How To Make Manufacturer Spiffs Work For You: Department Of Labor Provides New Guidance

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Last month, the U.S. Department of Labor (DOL) gave car dealers welcome news. In an opinion letter interpreting the federal Fair Labor Standards Act (FLSA), the DOL found that incentive payments paid directly by the...more

Fox Rothschild LLP

USDOL Issues Interesting Opinion Letter On Car Manufacturer Incentive Payments Use In Meeting Minimum Wage Requirements

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The USDOL has been issuing a slew of Opinion Letters of late, under the stewardship of Cheryl M. Stanton, Administrator of the Wage and Hour Division. Many of these deal with bonus issues and how these payments can and should...more

Foley & Lardner LLP

DOL Issues New Wage and Hour Opinion Letters

Foley & Lardner LLP on

On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues. Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more

McGuireWoods LLP

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

McGuireWoods LLP on

On June 26, 2020, the U.S. Department of Labor issued a series of opinion letters addressing myriad unrelated wage and hour issues, including: (1) the outside sales exemption; (2) the retail or service establishment...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

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If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Foley & Lardner LLP

The DOL Tries to Say Goodbye—And Seriously, We Mean It—to the 80/20 Rule for Tipped Employees

Foley & Lardner LLP on

We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate...more

Akerman LLP - HR Defense

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the...more

Poyner Spruill LLP

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

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On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more

Hogan Lovells

Office of the General Counsel of the National Labor Relations Board says that Uber Drivers are not Employees

Hogan Lovells on

In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more

Foley & Lardner LLP

DOL Issues New FMLA, FLSA Guidance to Employers

Foley & Lardner LLP on

Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters...more

Littler

DOL Issues Three Opinion Letters Regarding Employer Designation of FMLA Leave, Bonuses to Employee Volunteers, and Compensation of...

Littler on

The U.S. Department of Labor's Wage and Hour Division (WHD) issued three new opinion letters on March 14, 2019. ...more

Holland & Hart - Employers' Lawyers

U.S. DOL Eases Restriction on Tipped Employees

...In a new opinion letter released November 8, 2018, the U.S. Department of Labor (DOL) decided to eliminate the “80/20 Rule” which had previously limited employers’ ability to take a “tip credit” toward their employees’...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

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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

Littler

WPI Wage Watch: Minimum Wage, Tip and Overtime Developments (December Edition)

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Time on 2018 has just about run out, so without delay, here are the developments impacting the minimum wage, tips, and overtime that occurred in 2018’s final month....more

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