This week the U.S. Department of Labor published increases in the civil money penalties (CMPs) it can impose for certain violations of the federal Fair Labor Standards Act. These new levels apply to any penalties assessed...more
Some lawmakers have plans to raise the federal Fair Labor Standards Act's minimum wage from $7.25 to $8.55 later this year, then step it up to $15.00 per hour by 2024, and subsequently increase it annually in relation to...more
In a case that refuses to go away, the Ninth Circuit, now sitting en banc, has held that the plaintiff in Marsh v. J. Alexander's stated an FLSA minimum wage claim based on the USDOL's so-called "20% Rule" limiting a tipped...more
9/28/2018
/ 20% Rule ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more
Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more
4/3/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Misclassification ,
Off-The-Clock ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
Wage and Hour
The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more
3/8/2018
/ Appeals ,
Colleges ,
Department of Labor (DOL) ,
Economic Realities Test ,
Educational Institutions ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Primary Beneficiary Test ,
Students ,
Universities ,
Wage and Hour
This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more
This week the U.S. Department of Labor published increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act.
These new levels, approximately 2% higher than those...more
The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per...more
A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more
9/7/2017
/ Abeyance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Minimum Wage ,
Motion To Intervene ,
Obama Administration ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more
As employers wait to see whether, when, and to what extent the federal Fair Labor Standards Act's minimum wage might increase in the near future, many other jurisdictions have continued to raise their rates to levels higher...more
The U.S. Labor Department has published the 2017 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658. The Order was implemented through regulations appearing at 29...more
The U.S. Labor Department has issued an Interim Final Rule that will substantially increase the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and related...more
The U.S. Labor Department is looking to a spring 2016 date for publishing the "Final Rule" revising the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions according to a recent report. It...more