News & Analysis as of

Opinion Letter Employer Liability Issues

Cozen O'Connor

Employment Law Now VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling

Cozen O'Connor on

Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of...more

Fox Rothschild LLP

What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In

Fox Rothschild LLP on

I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated...more

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

Steptoe & Johnson PLLC on

For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more

Perkins Coie

US Department of Labor Clarifies Calculation of FMLA Leave on Holiday Weeks

Perkins Coie on

The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more

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

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements...more

CDF Labor Law LLP

Federal Court Ruling Opens the Door to Challenge DLSE Opinion Letters

CDF Labor Law LLP on

The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge...more

Fox Rothschild LLP

Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA

Fox Rothschild LLP on

This Sunday was Daylight Savings Time and we pushed the clocks ahead by one hour. This is, on a human level, a welcome event, as it signals winter’s end. Now, I can fling away any vestiges of Seasonal Affective Disorder and...more

Ballard Spahr LLP

DOL Withdraws 2019 FLSA Opinion Letters on Independent Contractors and Compensable Time for Truckers

Ballard Spahr LLP on

On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies....more

DirectEmployers Association

OFCCP Week In Review: February 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

Cozen O'Connor

Employment Law Now V-90- (Part 1 of 2) One-On-One Conversation With EEOC Commissioner Keith Sonderling

Cozen O'Connor on

Today's episode is the first of a two-part conversation with EEOC Commissioner Keith Sonderling, who discusses the EEOC's enforcement priorities, the increase in use of guidance and opinion letters, hot 2021 topics (including...more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Shook, Hardy & Bacon L.L.P.

Calculating Wages for Partial Workday Employees—A New DOL Opinion Letter

The Wage and Hour Division of the Department of Labor (DOL) has issued an opinion letter addressing compensable time spent commuting between the office and home. The opinion letter comes at a time when employers are beginning...more

Epstein Becker & Green

WHD Releases Six New FLSA Opinion Letters in January 2021 Addressing Exemptions, Overtime Pay Calculations for Tipped Employees,...

The Wage and Hour Division of the U.S. Department of Labor (“WHD”) issued six opinion letters in January 2021. They address a number of important issues under the Fair Labor and Standards Act (“FLSA”). To ensure wage and...more

DirectEmployers Association

OFCCP Week In Review: February 2021

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

Epstein Becker & Green

U.S. Department of Labor Issues New Opinion Letter Clarifying Independent Contractor Status

Epstein Becker & Green on

On January 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued an Opinion Letter applying the Department’s recently-issued Final Rule concerning Independent Contractor Status under the Fair Labor...more

Littler

DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors

Littler on

The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more

Proskauer - Law and the Workplace

EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be...more

Locke Lord LLP

Owner-Operator Drivers Are Independent Contractors, Says Labor Department

Locke Lord LLP on

Today, one day before the end of President Trump’s Administration, the U.S. Department of Labor issued an opinion letter that certain owner-operator drivers that provide services to a transportation and logistics company are...more

Epstein Becker & Green

The U.S. Department of Labor Releases Final Wage and Hour Opinion Letters of 2020

Epstein Becker & Green on

To close out 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued two new opinion letters addressing overtime payments for caregivers and travel time for partial-day teleworkers under the Fair...more

Perkins Coie

DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing Education

Perkins Coie on

The U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs. In FLSA 2020-15, the DOL...more

McGuireWoods LLP

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

McGuireWoods LLP on

On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...more

Proskauer - Law and the Workplace

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related...more

Ballard Spahr LLP

EEOC Opinion Letter Limits Agency’s Pattern or Practice Litigation

Ballard Spahr LLP on

SUMMARY - The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more

Bradley Arant Boult Cummings LLP

There Is More to This than Meets the Eye: Why an Under-the-Radar DOL Wage and Hour Bulletin Is Good News for Employers

The U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair...more

Epstein Becker & Green

Prospectively Reducing Workweeks for Overtime Exempt Employees – With a Commensurate Reduction in Salary – Does Not Necessarily...

Epstein Becker & Green on

Employers grappling with workplace attendance issues in the wake of the COVID-19 coronavirus may soon face additional challenges resulting from a potential economic downturn. Media stories are already beginning to report on...more

116 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide