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Fair Labor Standards Act (FLSA) Civil Monetary Penalty

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

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On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #3

Wednesday, January 10, 2024: US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule - The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) published its much anticipated...more

McAfee & Taft

For the wages of sin is ... $145,000?

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A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more

Jackson Lewis P.C.

Federal Pay Transparency Bills Introduced

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On Equal Pay Day, Congresswoman Eleanor Holmes Norton (D-DC) introduced three bills, including a national pay transparency bill, that she believes would help to close the pay gap between men and women....more

Fox Rothschild LLP

DOL Proposes New Worker-Friendly Independent Contractor Rule

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The U.S. Department of Labor (DOL) released a proposed rule on October 11, 2022, that could change whether a worker is determined to be an employee or an independent contractor under the Fair Labor Standards Act (FLSA). If...more

Fisher Phillips

Is Your Tip Credit A Ticking Time Bomb? An Employer’s 10-Step Wage and Hour Action Plan for 2022

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With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more

Fisher Phillips

Feds Now Have Broader Authority to Assess Monetary Penalties for Tip Violations

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Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more

Obermayer Rebmann Maxwell & Hippel LLP

DOL Takes Strong Stance on Tipping Penalties in Publication of its Final Rule

On September 24, 2021, the U.S. Department of Labor (“DOL”) published a Final Rule (“Rule”) updating the regulations implementing the Fair Labor Standards Act (“FLSA”). The Rule specifically addresses concerns surrounding...more

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

DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips

Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards...more

Quarles & Brady LLP

New DOL Tip Credit Rule Clarifies When Managers can Keep Tips and Lays Hefty Fines for FLSA Violations

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On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

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On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

Littler

Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

Littler on

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s...more

Jackson Lewis P.C.

Labor Department Issues Tip Regulations Final Rule On Tip Sharing, Civil Monetary Penalties

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The U.S. Department of Labor (DOL) has issued a Final Rule under the Fair Labor Standards Act (FLSA), addressing the conditions under which managers or supervisors may receive or share tips, including whether managers and...more

DirectEmployers Association

OFCCP Week In Review: September 2021 #4

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

Ballard Spahr LLP

USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations

Ballard Spahr LLP on

On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Fisher Phillips

Labor Department Loosens Tip Pool Rules For Hospitality Employers

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The U.S. Department of Labor issued a long-awaited final rule right before Christmas addressing the issue of tipped employees. The final rule, released on December 22 but not effective until February 20, 2021, provides...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

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

Epstein Becker & Green

Recent Appellate Decision May Make New York Employers Vulnerable to Liquidated Damages for Violating New York’s “Frequency of Pay”...

Epstein Becker & Green on

On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

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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

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

A Cost Of Getting "Caught" - FLSA Civil Money Penalties

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This week the U.S. Department of Labor published increases in the civil money penalties (CMPs) it can impose for certain violations of the federal Fair Labor Standards Act. These new levels apply to any penalties assessed...more

Fisher Phillips

Bad Week For Gig Businesses In Oregon

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Last week was a bad week for gig economy companies in Oregon. It wasn’t just the post-holiday malaise that so many suffer from after having to return to work following a long, relaxing weekend that probably included eating...more

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