Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after...more
The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two...more
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The U.S. Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and its Office of Federal Contract Compliance Programs (OFCCP), and Department of Justice (DOJ) executed a memorandum of...more
President Trump issued an Executive Order September 22, 2020, on Combatting Race and Sex Stereotyping that prohibits federal contractors and perhaps grant recipients from certain anti-bias employee training practices. In...more
Last week, the Department of Labor (DOL) issued additional guidance about the Fair Labor Standards Act (FLSA) and state unemployment compensation. Telework and Flex Schedules The DOL’s Wage & Hour division updated its...more
7/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
New Guidance ,
Paid Time Off (PTO) ,
Remote Working ,
Sick Leave ,
Unemployment Compensation System ,
Wage and Hour
As states begin or prepare to lift stay-at-home orders, many businesses are gearing up, as well. However, many employees are not as sanguine, citing a host of concerns, such as a lack of protective measures, the fear of...more
5/12/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Unemployment Benefits ,
Workplace Safety
The fluctuating workweek (FWW) pay method allows employers to pay salaried, nonexempt employees a fixed salary, regardless of the number of hours worked per week. Under the FWW method, employees who work more than 40-hours...more
11/27/2019
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Rate of Pay ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more
5/2/2019
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
The U.S. Department of Labor (DOL) has kept employers on their toes this spring. During March and the early part of April, the DOL has engaged in a flurry of activity using its rulemaking authority and non-binding opinion...more