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DOL Revisits Obama Era Baseline for Exempt Workers

On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking which would affect the classification status of exempt employees. As many employers will remember, during the Obama administration there were...more

Discipline Notes as a Lawsuit Defense

One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Remote Work and Payment for Commute Time

With employees continuing to have remote schedules or with the implementation of hybrid work schedules, questions continue to arise for hourly employees on what is paid or unpaid time. Questions occur when employees may have...more

Small Business Impact of the Promoting Competition Executive Order

On July 9, 2021, President Biden issued an Executive Order “Promoting Competition in the American Economy” directing federal agencies to create frameworks intended to support competition between various businesses. While many...more

Even the DOL is Issuing Cybersecurity Instructions

In April, the Department of Labor, specifically the Employee Benefits Security Administration, issued cybersecurity guidance to assist in protecting “the retirement benefits of America’s workers.”  This guidance falls neatly...more

Special Shift Assignments and the FMLA

In 2021, as everyone begins to hope that the world will shift back to normal after the chaos of COVID-19, many employers are finding that they have no workers to fill open positions as they ramp up production and expand...more

Iowa Ends Participation in Federal Unemployment Benefit Programs

Governor Reynolds announced effective June 12 the state of Iowa will stop participation in several federal pandemic-related unemployment benefit programs. Iowa will continue to pay regular unemployment, without the additional...more

DOL Issues Workforce Development Guidance

On February 25, 2021, the US Department of Labor issued guidance for state-based unemployment compensation programs.  The guidance addresses the concern that some workers lose unemployment compensation benefits if they refuse...more

DOL Issues Workforce Development Guidance

On February 25, 2021, the US Department of Labor issued guidance for state-based unemployment compensation programs. The guidance addresses the concern that some workers lose unemployment compensation benefits if they refuse...more

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

The DOL Revisits Compensable Travel Time

In November, the DOL released a few opinion letters answering questions related to employee continuing education (reviewed in “Is Training Time Paid? DOL Reiterates Standard Position”) and ongoing questions involving employee...more

Is Training Time Paid? DOL Reiterates Standard Position

The November 3 opinion letter from the US Department of Labor (DOL) addressed frequently asked questions about employee continuing education. This is particularly important in industries, like healthcare, where the need for...more

HR Quick Take: FMLA or FFCRA?

Q: I have an employee who plans to go out on leave for surgery but has been told by his physician he has to quarantine for five days prior to surgery because of COVID-19. Is this leave covered under the Emergency Paid Sick...more

FFCRA Exempt Healthcare Providers

When the Families First Coronavirus Response Act (FFCRA) was first enacted, the Department of Labor (DOL) indicated that employees of healthcare providers were exempt from the emergency paid sick leave and expanded Family and...more

Regular Rate - DOL Issues Opinion Letters

Right now, it feels like all COVID-19 all the time and employers are focused on serious issues - what a layoff might look like, what unemployment compensation is available to employees, and how to keep the business...more

DOL Issues Guidance for COVID-19 Leave Policies

On March 24, the Department of Labor issued partial regulations and guidance for employers and employees regarding the emergency FMLA and paid sick leave laws under the Families First Coronavirus Response Act. The preliminary...more

Oh The Questions - DOL Opinion Letter re: FMLA leave designation

On March 14 the Department of Labor issued several opinion letters. Of particular concern was FMLA 2019-1-A which addresses designating paid leave as FMLA....more

Exempt or Not Exempt - That is the $47,476 Question

The Fair Labor Standards Act (FLSA) is a rule of exceptions. Most employees are covered by the FLSA and must be paid at least minimum wage and overtime for hours worked over forty in a work week unless covered by an...more

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