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Fair Labor Standards Act (FLSA) Regulatory Oversight

Perkins Coie

OFCCP Releases New AI Guidance for Federal Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more

ArentFox Schiff

AI in 2024: What Every GC Needs to Know

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As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding...more

BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

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Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Proskauer - Law and the Workplace

Can We Pay Our Employees in Cryptocurrency? A 2022 Update.

Shortly after his election in November 2021, New York City Mayor Eric Adams announced that he would accept his first three paychecks in Bitcoin. On January 20, 2022, the day before his first paycheck from the City was...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

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We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Bradley Arant Boult Cummings LLP

The Tipping Point: DOL Rescinds 20 Percent Rule on “Side Work” for Tipped Employees

If you see your waiter or waitress grumbling during the holiday season, it could be due to the DOL’s Wage and Hour Division’s revision of the rules dealing with minimum pay due to “tipped” employees. Under the FLSA and...more

Cozen O'Connor

II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued

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This episode offers a Top 10 list of thoughts to minimize problems at your company's upcoming holiday party, discusses what's in the recently-published 2018/2019 federal regulatory agenda, and highlights two noteworthy cases...more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

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It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Seyfarth Shaw LLP

WHD Announces Regulatory Agenda

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The Department of Labor issued its Fall 2018 regulatory agenda, and the Wage & Hour Division is front and center....more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

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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

Seyfarth Shaw LLP

White-Collar Tour 2018: WHD Wants to Hear from You

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Remember that time when the Wage & Hour Division published a final rule increasing the minimum salary level for the white-collar exemptions to $47,476 per year?  And then a court enjoined the rule from going forward?  And...more

McNees Wallace & Nurick LLC

Pennsylvania Proposes Big Changes to State Law White-Collar Overtime Exemptions

Back in January, Governor Wolf announced that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase the minimum salary...more

Orrick, Herrington & Sutcliffe LLP

FLSA Turns 80: The Future Of Work Is Here

Originally signed by President Franklin D. Roosevelt in 1938, the Fair Labor Standards Act turns 80 this year. In this Expert Analysis series, attorneys most familiar with the statute provide different perspectives on the...more

Womble Bond Dickinson

School’s out for the summer – Unpaid Internships, New Criteria for Employers

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Unpaid internships are controversial. Proponents argue that they provide valuable opportunities for students to learn about an industry and for companies to scout up-and-coming talent, while critics contend the practice is an...more

Burr & Forman

DOL Adopts the “Primary Beneficiary” Test for Internship Programs

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As summer months approach and students begin searching for seasonal employment, many employers are faced with the logistics of internship programs, specifically whether an unpaid internship meets the requirements of the Fair...more

Littler

DOL Issues Three Opinion Letters and One Fact Sheet

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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

Bradley Arant Boult Cummings LLP

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

Hogan Lovells

DOL Clarifies Approach to Unpaid Internships

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Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more

Littler

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

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The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more

Pierce Atwood LLP

Are Your Unpaid Interns Actually Interns? Six-Factor Test Is Out, and Primary Beneficiary Test Is In

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The U.S. Department of Labor (DOL) recently announced that it will adopt a new, more flexible test for distinguishing interns from employees under the Fair Labor Standards Act (FLSA)....more

Foley & Lardner LLP

The Department of Labor Restores Bush Era Opinion Letters

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The U.S. Department of Labor (DOL) is turning back the clock in a move that it believes will provide clarity for employers who seek to comply with the Fair Labor Standards Act (FLSA). On January 5, 2018, the DOL reinstated 17...more

Troutman Pepper

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

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Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Burr & Forman

DOL Reissues 17 Previously Withdrawn Opinion Letters

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On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

Dickinson Wright

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

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In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

McNees Wallace & Nurick LLC

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

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