On Tuesday, the federal Department of Labor issued proposed regulations defining the difference between employees and independent contractors under the Fair Labor Standards Act. If finalized and deferred to by courts, these...more
After decades of controversy, the U.S. Department of Labor issued final rules earlier this year explaining when two companies are joint employers for purposes of federal labor laws, such as wage and hour and unionization...more
The fluctuating workweek (FWW) pay plan remains a popular way for employers to manage overtime costs. Under the FWW, non-exempt employees are paid a guaranteed salary for all hours worked in a given week....more
The Families First Coronavirus Response Act (FFCRA) allows parents to take up to 12 weeks of subsidized leave if their child’s school or day care is closed due to the COVID-19 pandemic. Based on emergency rules issued by the...more
As many employees continue to work from home during the COVID-19 pandemic, on Monday the Department of Labor issued a field assistance bulletin reminding employers of their legal obligation to keep accurate records of all...more
Last week, the U.S. Department of Labor issued another a series of answers to questions from state unemployment agencies regarding administration of the $600 weekly supplemental federal unemployment insurance benefit provided...more
If an employer fails to comply with federal overtime or minimum wage requirements imposed under the Fair Labor Standards Act, it can be held liable not only for unpaid wages, but also for liquidated damages equal to that...more
With the July Fourth holiday around the corner, summer is in full swing. Better late than never, the U.S. Department of Labor has issued advice on the impact of summer camp and other program closings on employees’ eligibility...more
Section 7(i) of the Fair Labor Standards Act provides an exemption from the usual overtime pay requirements for certain commissioned employees of retail or service establishments. For decades, the U.S. Department of Labor has...more
The Fair Labor Standards Act allows employers to pay non-exempt employees whose hours vary under a pay method that can reduce the impact of unpredictable working time. Under the fluctuating workweek (FWW) method, employees...more
The U.S. Department of Labor continues to regularly update its question and answer guidance under the Families First Coronavirus Response Act. In its latest update, DOL provides helpful guidance on a range of issues involving...more
As employers furlough or lay off employees as a result of coronavirus-related business circumstances, we have received questions on whether the company should issue mass layoff notices under the federal Worker Adjustment and...more
On April 28, the U.S. Department of Labor issued additional guidance to state agencies regarding recently expanded unemployment benefits. The Q&A format followed a DOL webinar where many of the questions addressed were first...more
The U.S. Department of Labor released an initial guidance to states on how they will administer the $600 supplemental weekly unemployment benefits provided under the CARES Act, along with the 13-week emergency state benefits...more
On Tuesday, the U.S. Department of Labor’s Wage and Hour Division released a “Frequently Asked Questions” guidance on the impact of employer’s COVID-19 containment measures on pay requirements under the Fair Labor Standards...more
According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more
The U.S. Department of Labor’s Wage and Hour Division continues to periodically respond to employer questions with regard to particular wage payment issues. Earlier this month, the division issued two new opinion letters...more
In April 2019, the U.S. Department of Labor’s Wage and Hour Division published proposed rules dealing with the definition of joint employment under the Fair Labor Standards Act. Joint employment status means that two or more...more
As of January 1, new minimum salary levels took effect for employers claiming certain exemptions from the overtime provisions of the Fair Labor Standards Act. For employees who meet the duties requirements of the executive,...more
Employees subject to the overtime provisions of the Fair Labor Standards Act must pay time and one-half the employee’s regular rate of pay for hours worked over 40 in a given week. As employers began offering new perks to...more
Last Monday, the U.S. Department of Labor’s Wage and Hour Division issued proposed regulations that would clarify employers’ use of incentive pay under the fluctuating workweek (FWW) pay method. FWW is an alternative pay plan...more
11/11/2019
/ Appeals ,
Bonuses ,
Comment Period ,
Department of Labor (DOL) ,
Employee Incentive Plans ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Over-Time ,
Proposed Regulation ,
Wage and Hour
In 2012 as part of a tax reform bill, Congress directed the Department of Labor to issue regulations that would permit states to condition unemployment insurance benefits for certain recipients on their ability to pass drug...more
Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the...more
10/14/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
New Amendments ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Last week, the U.S. Department of Labor’s Wage and Hour Division adopted final regulations revising the salary requirements for employers that claim the executive, administrative, or professional exemptions from the minimum...more
Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating...more