For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
8/18/2023
/ Affirmative Defenses ,
Class Action ,
De Minimis Claims ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Rounding ,
Timekeeping ,
Underpayment ,
Unpaid Wages ,
Wage and Hour
In recent years, persons or groups unhappy about a new federal law or regulation have chosen to file suit in a selected federal district court, often in Texas, seeking a nationwide injunction to prohibit the new measure from...more
7/21/2023
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
In 2021, the U.S. Department of Labor’s Wage and Hour Division issued new regulations dealing with the Fair Labor Standards Act’s tip credit. The tip credit allows employers to pay a $2.13 hourly minimum wage to tipped...more
5/5/2023
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Injunctive Relief ,
Restaurant Industry ,
Reversal ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
In a recent EmployNews article, we discussed the recent publicity over child labor violations across the U.S., frequently involving immigrant minors. Earlier this month, the Department of Labor’s (DOL) Wage and Hour Division...more
Last Sunday, the New York Times published an investigation chronicling widespread child labor law violations across the U.S. These situations primarily involve Central American immigrant minors who entered the U.S. without...more
Many employers faced with large potential overtime costs elect to implement the fluctuating workweek pay plan for non-exempt workers. Under Department of Labor regulations, employers can pay a guaranteed salary for all hours...more
In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more
Over the past several years, the federal Department of Labor’s (DOL) Wage and Hour Division has focused enforcement efforts on assisted care and related facilities. DOL alleges that some of these employers fail to pay...more
On Tuesday, the federal Department of Labor (DOL) released proposed rules intended to clarify when workers are employees as opposed to independent contractors under the Fair Labor Standards Act (FLSA). The FLSA governs...more
One of the hottest areas of controversy in recent years in wage and hour law has involved employees’ right to tips, and employer’s ability to use such tips to count toward minimum wage and overtime payments. As a result of...more
Late in the Trump administration, the Department of Labor issued final rules intended to distinguish between employees and independent contractors for purposes of qualification for overtime and minimum wage obligations under...more
On November 22, the federal Department of Labor issued final regulations implementing the provisions of an executive order to raise the minimum wage for employees working on federal contracts and subcontracts to $15.00 per...more
Last week, the U.S. Department of Labor’s Wage and Hour Division issued final regulations implementing 2018 amendments to provisions of the Fair Labor Standards Act that deal with compensation of tipped employees. For certain...more
In April, President Joe Biden issued an executive order calling for an increase in the minimum wage for employees of federal contractors from $10.95 to $15 per hour. Last week, the Department of Labor issued proposed rules...more
The seemingly never-ending battle over interpretation of the Fair Labor Standards Act’s tip credit provision took another turn Monday. The U.S. Department of Labor’s Wage and Hour Division issued proposed rules that would set...more
6/25/2021
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On Wednesday, the federal Department of Labor announced its decision to withdraw regulations issued during the final weeks of the Trump administration that defined the difference between employees and independent contractors...more
Under the Fair Labor Standards Act, employers found liable for failure to pay overtime or minimum wages can be assessed liquidated damages in an amount equal to the unpaid wages. Prior to the Trump administration, the U.S....more
Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more
4/12/2021
/ Appeals ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Jury Trial ,
Light-Duty Positions ,
Remand ,
Reversal ,
Summary Judgment ,
Workers' Compensation Claim
We have had a number of recent questions from clients regarding when employees must be paid if they are on standby or on-call duty. Typically, this means that the employee must leave a number where they can be reached and, if...more
Last week, the U.S. Department of Labor’s Office of Inspector General issued a report criticizing the federal Occupational Safety and Health Administration’s response to the COVID-19 pandemic. The report was prompted by...more
According to U.S. Department of Labor regulations issued under the Fair Labor Standards Act, if a non-exempt employee reports to work in the morning and then travels during the working day to another worksite, that travel...more
On December 22, the U.S. Department of Labor’s Wage and Hour Division issued final regulations effective February 21, 2021, implementing changes to its policies regarding tipped employees. The rules expand circumstances under...more
Earlier this week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations intended to encourage more religiously affiliated entities to participate in federal contracts. The...more
During the Obama administration, the U.S. Department of Labor began regularly issuing press releases when an employer received a major Occupational Safety and Health Administration citation or overtime assessment. The press...more
Over the course of 2020, numerous large, publicly traded corporations have come under scrutiny and criticism for their lack of diversity among senior management. As a result, some of these companies have announced their...more