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Salary-Threshold Proposal Apparently Months Away

A recent U.S. Department of Labor regulatory status report indicates that no proposal to change the 2016 compensation revisions affecting the federal Fair Labor Standards Act's so-called "white collar" exemptions will be...more

How Is 2017 Like 1947?

Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...more

Salary-Threshold Autopilot Still Possible

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

"Wage Theft"/"Wage Recovery" Bills Introduced

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

Reflections Upon USDOL "Tip Retention" Enforcement

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime...more

Opinion Letters Are Good For Everybody

The U.S. Department of Labor's announcement that it would resume issuing opinion letters has re-invigorated criticism that recently surfaced at the mere suggestion that this might be done. ...more

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

The "Opportunity Wage" Exception For Younger Workers

Summer's approach has sparked renewed interest in the federal Fair Labor Standards Act's provision authorizing a less-than-$7.25 wage rate for certain younger employees in particular circumstances. While there is such...more

Hiring Under-18 Workers This Summer?

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

It's Time To Authorize Private FLSA Releases

Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does...more

Notes From Acosta Confirmation Hearing

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

 Be Careful About Signing USDOL Back-Wage Summaries

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a...more

More About USDOL's Liquidated-Damages Policy

We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in...more

Another Nursing Mother's FLSA Claims Settled

The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged: ? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give...more

USDOL Should Retract Fluctuating-Workweek Commentary

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. This compensation method calls for paying a...more

FLSA Civil Penalties to Increase Again

For the second time in less than a year, the U.S. Department of Labor will soon publish increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and/or related...more

Establishing "Workweeks" For Exempt Employees

We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring...more

USDOL's Liquidated-Damages "Policy" Remains Obscure

The federal Fair Labor Standards Act has long authorized the U.S. Department of Labor to sue to recover unpaid minimum-wage and overtime compensation due to current and former employees plus "an equal amount as liquidated...more

A Partial FLSA Wish List

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about...more

OT Aftermath: FAQs On How Employers Should Respond To Overtime Rule Decision

Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more

BLOCKED! Court Preliminarily Halts Overtime Rules With Last-Minute Ruling

In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more

"Including" Overtime: Don't Be Misled By USDOL's Example

We have previously cautioned that (with one very limited exception) federal Fair Labor Standards Act regular-rate principles do not support paying a fixed salary that "includes" FLSA overtime premium for varying numbers of...more

USDOL "Fact Sheets" Are Not The Law

Some employers are apparently referring mainly (or even only) to U.S. Labor Department "Fact Sheets" in deciding what they should do to prepare for the coming changes in the federal Fair Labor Standards Act's so-called "white...more

Whom Does USDOL's Salary Increase Not Affect?

There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more

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