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DOL Issues Guidance on Workplace AI

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division. The guidance, delivered...more

DC Will Have New Pay Transparency and Wage History Requirements

On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30,...more

Attention Los Angeles Retail Businesses: Fair Work Week Ordinance Goes into Effect

Los Angeles retail businesses must now comply with a new ordinance that promotes predictable work hours for employees. On April 1, 2023, the Los Angeles Fair Work Week Ordinance went into effect, which applies to retail...more

Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions

Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more

DOL to Seek Liquidated Damages in Pre-Litigation Settlements

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more

DOL Ends Employer-Friendly ‘PAID’ Program

On January 29, the US Department of Labor (DOL) issued a press release announcing the immediate end of its Payroll Audit Independent Determination program launched by the Department’s Wage and Hour Division (WHD) in 2018....more

DOL Issues Opinion Letter on Compensability of Travel Time for Teleworkers

On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more

DOL Opines That Weekly Hours Do Not Have to Fluctuate Above and Below 40 Hours to Qualify for the Fluctuating Workweek Overtime...

The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more

The Wage and Hour Division Answers Questions About the Families First Coronavirus Response Act As Schools Reopen

The Families First Coronavirus Response Act allows eligible employees to take up to two weeks of paid sick leave and up to 12 weeks of expanded family and medical leave – 10 paid – for specified reasons related to the...more

DOL Issues Additional Pandemic Guidance Under the FLSA, FMLA, and FFCRA

Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act...more

Breaking News: Limitations on Receiving Sick Leave and Family Leave Under the FFCRA and New York State Senate Bill S8091

As noted in our previous Alert on March 19, 2020 concerning the bipartisan coronavirus relief bill, under the Families First Coronavirus Response Act (FFCRA) employers with 499 or fewer employees are responsible for providing...more

New York’s Paid Sick Leave, Disability Leave, and Family Leave Protections in the Wake of COVID-19

On March 18, 2020, New York Governor Andrew Cuomo signed into law Senate 8091 providing for paid sick leave, family leave, and certain disability leave for employees affected by mandatory or precautionary orders to quarantine...more

FLSA Implications of the Coronavirus Pandemic

On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.ny...more

Pain Relief In Sight: DOL Issues Final Joint-Employer Rule

On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more

DOL Issues Opinion Letter On Calculating Overtime Pay For Non-Discretionary Bonuses Paid for Multi-Week Training Period

According to the requestor, the employer informs its employees in advance that they will be eligible to receive a lump-sum bonus of $3,000 if they successfully complete ten weeks of training and agree to continue training for...more

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

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