On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act...more
1/13/2020
/ Bonuses ,
Consultants ,
Department of Labor (DOL) ,
Employee Training ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Opinion Letter ,
Over-Time ,
School Districts ,
Training ,
Wage and Hour
In a development sure to be welcomed by employers, the U.S. Department of Labor (DOL) issued revised regulations allowing employers to more easily offer perks and benefits to their employees without affecting the employees’...more
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
The new overtime rule, which the U.S. Department of Labor (DOL) announced on September 24, 2019, was published in the Federal Register on Friday, September 27, 2019. The DOL’s Wage and Hour Division (WHD) linked to the...more
In its final part 541 overtime rule, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) set the salary level or amount test at $684 per week/$35,568 per year for exempt executive, administrative, and...more
If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a...more
8/24/2019
/ Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
NPRM ,
OIRA ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Tip Credit ,
Tipped Employees ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
NLRB Returns to Traditional Independent Contractor Standard -
On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the...more
4/15/2019
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pay Gap ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Telecommuting ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules ,
Workplace Safety
Slightly more than two weeks after it announced its notice of proposed rulemaking (NPRM) to revise the part 541 overtime exemption regulations, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published the...more
On December 21, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released an opinion letter, FLSA2018-28, in which it addresses minimum wage and overtime pay requirements for employees with varying...more
On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more
4/6/2018
/ Audits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Labor Law Violations ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Voluntary Compliance ,
Voluntary Self-Audit ,
Wage and Hour
In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from...more
4/3/2018
/ Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
As Secretary of Labor Alexander Acosta testified in early June, the Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued its request for information (RFI) on the Part 541 overtime regulations that were...more
At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more
On September 28, 2016, the U.S. House of Representatives passed H.R. 6094 Regulatory Relief for Small Businesses, Schools, and Nonprofits Act by a vote of 246 to 177. This bill would delay the December 1, 2016 effective date...more
On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more
6/21/2016
/ Arbitrary and Capricious ,
Car Dealerships ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs...more
On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more
In testimony before the House Education and Workforce Committee on Tuesday, March 16, 2016, U.S. Secretary of Labor Thomas E. Perez commented about several regulatory priorities and other U.S. Department of Labor (DOL)...more
3/18/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Legislation ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more
3/16/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Regulation ,
Wage and Hour ,
White-Collar Exemptions
On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more
In this two-part series of blog posts we will examine the regulatory agenda of the U.S. Department of Labor’s (DOL) Wage and Hour Division.
Late last year, the Wage and Hour Division (WHD), along with other regulatory...more
In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more