News & Analysis as of

Audits Department of Labor (DOL) Fair Labor Standards Act (FLSA)

Trusaic

DOL Updates FLSA OT Rule: What It Means for Your Pay Equity Efforts

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The U.S. Department of Labor (DOL) announced a final rule that establishes the new salary threshold for overtime consideration at $43,888 under the Fair Labor Standards Act (FLSA). The new threshold takes effect July 1, and...more

Holland & Hart - Employers' Lawyers

DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

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The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

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New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

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I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

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FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Foley & Lardner LLP

Staffing Companies Beware - The Halloween Nightmare of DOL Audits

Foley & Lardner LLP on

Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

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Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

PilieroMazza PLLC

Risk Prevention Strategies: Avoiding Costly FLSA Missteps

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Jackson Lewis P.C.

Employers Will No Longer Get PAID

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On January 29, 2020, the U.S. Department of Labor (DOL) announced that it was abandoning the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID was introduced in 2018 as a self-audit program,...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: Avoiding Costly FLSA Missteps - February 24th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Gould + Ratner LLP

DOL Issues Updated Guidance, Report on Pandemic-Related Matters

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As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities....more

DirectEmployers Association

OFCCP Week In Review: September 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jaburg Wilk

Department of Labor Audit, Now What?

Jaburg Wilk on

The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

Harris Beach PLLC on

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Amundsen Davis LLC

Considerations For Utilizing The DOL’s Pilot “PAID” Program

Amundsen Davis LLC on

In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

Jackson Lewis P.C.

Are Employers Willing To Risk Getting PAID?

Jackson Lewis P.C. on

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more

Maynard Nexsen

DOL Launches "PAID" Self-Audit Program

Maynard Nexsen on

On April 3, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) launched the Payroll Audit Independent Determination program (PAID) on a six-month trial basis. The intent of the program is to allow employers to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April, 2018

PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

Parker Poe Adams & Bernstein LLP

Wage and Hour Launches Pilot Program for FLSA Self-Corrections

The federal Department of Labor’s Wage and Hour Division recently announced a six-month self-audit pilot program intended to allow employers to review and correct overtime and minimum wage violations. The Payroll Audit...more

Harris Beach PLLC

Department of Labor Wants Employees to Get PAID

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Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more

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