On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
9/23/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
NPRM ,
Proposed Regulation ,
Regulatory Standards ,
Wage and Hour
Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act? The answer to this question might...more
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). The final rule is scheduled to be published in the...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Rulemaking Process ,
Wage and Hour
Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more
1/9/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Eligibility Determination ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Government Agencies ,
Lump Sum Payments ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Opinion Letter ,
Over-Time ,
Public Agencies ,
Rate of Pay ,
Salaried Employees ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
Employees appreciate employee discounts, tuition reimbursement, prizes of small value, and wellness benefits. But those perks had been put in danger in recent years by lawsuits claiming that employers should have paid...more
The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019. Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities. Only one of these is new: a...more
11/21/2019
/ Bonuses ,
Civil Monetary Penalty ,
Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Electronic Payment Transactions ,
Employee Housing ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Fluctuating Workweek ,
Food Service Workers ,
Joint Employers ,
Labor Law Violations ,
Labor Regulations ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Rate of Pay ,
Regulatory Agenda ,
Request For Information ,
Restaurant Industry ,
Rulemaking Process ,
Salaried Employees ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Work Schedules
The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019. The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more
9/24/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks....more
On March 28, 2019, the U.S. Department of Labor (DOL) released a proposed rule to amend the regulations at 29 CFR Part 778 to clarify and update the “regular rate” requirements under section 7(e) of the Fair Labor Standards...more
3/29/2019
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
On March 22, 2019, the DOL’s Wage and Hour Division will publish in the Federal Register its proposed rule to revise the overtime exemption regulations for executive, administrative, professional, outside sales and computer...more
3/21/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor's Wage and Hour Division (WHD) issued three new opinion letters on March 14, 2019. ...more
3/19/2019
/ Bonuses ,
Community Service ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Janitorial Services ,
Leave of Absence ,
Minimum Wage ,
Opinion Letter ,
Over-Time ,
Volunteers ,
Wage and Hour
On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor, through its Acting Administrator Keith Sonderling, published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar”...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor will send its draft of the long-awaited Notice of Proposed Rulemaking (NPRM) on the “white collar” overtime exemptions to the White House Office of Management and Budget (OMB) for review on or...more
In an effort to create a win-win solution for both employers and employees, the Department of Labor has extended its pilot compliance program, called the Payroll Audit Independent Determination (PAID)....more
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more
10/18/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
NLRB ,
OSHA ,
Regulatory Agenda ,
TRICARE ,
USCIS ,
Wage and Hour ,
Workplace Injury
The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more
8/29/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Code ,
Opinion Letter ,
Over-Time ,
Policy Statement ,
Regulatory Oversight ,
Regulatory Standards ,
Retailers ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve...more
On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay,...more
4/17/2018
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lump Sum Payments ,
Opinion Letter ,
Regulatory Oversight ,
Regulatory Standards ,
Rest and Meal Break ,
Travel Time ,
Wage and Hour ,
Wage Garnishment
On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers...more
On August 31, 2017, the U.S. District Court for the Eastern District of Texas granted summary judgment for a diverse coalition of 55 business groups, led by the U.S. Chamber of Commerce and joined by numerous state...more
On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an...more
On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs, the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S....more
The U.S. Department of Labor (DOL) published the final rule revising the “white collar” overtime exemption regulations on May 18, 2016. This publication was the result of a process that began in March 2014 when President...more
On May 18, 2016, the U.S. Department of Labor published its Final Rule updating the Fair Labor Standards Act (“FLSA”) overtime regulations regarding the executive, administrative and professional exemptions (the “FLSA White...more