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Rest and Meal Break Opinion Letter

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

Bradley Arant Boult Cummings LLP

Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often...more

Fisher Phillips

Labor Department Says Truck Drivers Need Not Be Paid For Sleeping - 3 Things You Need To Know About Opinion Letter

Fisher Phillips on

Trucking companies will no longer need to pay their drivers for certain off-duty time, potentially including time spent sleeping in their sleeper berth units, after the Labor Department issued an opinion letter yesterday...more

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

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

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

Ward and Smith, P.A.

Time is Money . . . Unless It's Not: U.S. Department of Labor Clarifies Compensable Work Time

Ward and Smith, P.A. on

In case you haven't noticed, the U.S. Department of Labor (DOL) has been busy. After not issuing any opinion letters since 2009 during the Obama administration, the Wage and Hour Division ("WHD") of the DOL has issued 23...more

Miller & Martin PLLC

Fun New FMLA Facts from the DOL

Miller & Martin PLLC on

The Wage and Hour Division of the Department of Labor (DOL) had taken a break for the past 9 years from issuing Opinion Letters. These Letters are not binding/do not have the effect of law, but can be beneficial to employers...more

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 1 of 3)

Last July, we posted on the U.S. Department of Labor’s announcement that it was reviving its practice of publishing opinion letters as guidance on wage and hour issues, which the Obama Administration halted in 2010. After...more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Offers Employers Clarity By Resuming Its Practice of Issuing Opinion Letters

In a welcome departure from its recent practice, the U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued its first new opinion letters in almost ten years. In addition to issuing three new opinion letters...more

Poyner Spruill LLP

New Opinion Letters from the United States Department of Labor - Regarding Travel Time, Work Breaks, and Garnishments

Poyner Spruill LLP on

In January 2018, the U.S. Department of Labor (DOL) returned to its practice of issuing opinion letters in response to specific employer inquiries, after an almost 10-year hiatus. Under the Obama administration, the DOL...more

Smith Anderson

New U.S. DOL Opinion Letters Provide Guidance on Compensability of Travel Time and Break Time

Smith Anderson on

On April 12, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters that should help employers determine when they must pay for an employee’s travel time and break time. The opinion...more

Amundsen Davis LLC

DOL Opinion Letter: Excessive 15-Minute Breaks Are Not Compensable

Amundsen Davis LLC on

On April 12, 2018, the Department of Labor (DOL) issued an opinion letter addressing the intersection between the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) when an employee needs multiple...more

Foley & Lardner LLP

Trump’s DOL Issues First Opinion Letters

Foley & Lardner LLP on

Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers. The WHD stopped the practice of issuing...more

McAfee & Taft

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

McAfee & Taft on

For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more

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

DOL Announces Two New Opinion Letters: Tackles Travel Time and Breaks

On April 12, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced three new wage and hour opinion letters. The DOL only recently resumed issuing opinion letters on June 27, 2017, after having...more

Littler

DOL Issues Three Opinion Letters and One Fact Sheet

Littler on

On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay,...more

Proskauer - Law and the Workplace

DOL Clarifies Rules for FMLA-Related Breaks

In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general...more

Franczek P.C.

DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn

Franczek P.C. on

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. It was a welcome change as far as...more

Stinson LLP

DOL Offers Additional Guidance on FLSA Compensable Travel Time, Rest Breaks and Garnishments in New Opinion Letters

Stinson LLP on

Returning to its long-standing practice of issuing opinion letters (which had ceased in 2010), and after reissuing 17 previously withdrawn opinion letters on January 5, 2018, the Department of Labor (DOL) yesterday issued...more

Littler

New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

Littler on

As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more

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