News & Analysis as of

Opinion Letter Regulatory Reform

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Holland & Hart - Employers' Lawyers

U.S. DOL Eases Restriction on Tipped Employees

...In a new opinion letter released November 8, 2018, the U.S. Department of Labor (DOL) decided to eliminate the “80/20 Rule” which had previously limited employers’ ability to take a “tip credit” toward their employees’...more

Polsinelli

The U.S. DOL Saves the Day: So Long to the 80/20 Rule

Polsinelli on

The application of the 80/20 Rule has been a hot topic in the restaurant industry the last several years because it is the foundation of an onslaught of collective and class action litigation brought by service workers...more

Akerman LLP - HR Defense

A Tip from the Department of Labor: The 80/20 Rule Has Been Rescinded

Akerman LLP - HR Defense on

Employers are no longer barred from taking the tip credit for tipped employees who spend more than 20% of their time doing non-tipped activities, according to a new U.S. Department of Labor opinion letter doing away with the...more

Seyfarth Shaw LLP

Check, Please!  DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Endorses Volunteer Treatment of Certification Exam Graders

DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses. Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more

FordHarrison

DOL Issues Employer-Friendly Opinion Letters

FordHarrison on

Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly....more

Akerman LLP - HR Defense

DOL Again Offers Opinion Letters to Employers

Employers will once again have another source of guidance on wage and hour issues from the U. S. Department of Labor, which last month reinstated the practice of issuing opinion letters. ...more

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 1 of 3)

Last July, we posted on the U.S. Department of Labor’s announcement that it was reviving its practice of publishing opinion letters as guidance on wage and hour issues, which the Obama Administration halted in 2010. After...more

White and Williams LLP

US Department of Labor Issues Three New Opinion Letters After Nine-Year Hiatus

White and Williams LLP on

On April 12, 2018, the United States Department of Labor (DOL) issued its first substantive opinion letters since the Bush Administration. Not only do opinion letters clarify the agency’s application of the law, the letters...more

Foley & Lardner LLP

The Department of Labor Restores Bush Era Opinion Letters

Foley & Lardner LLP on

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

Burr & Forman

DOL Reissues 17 Previously Withdrawn Opinion Letters

Burr & Forman on

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

Dickinson Wright on

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

Seyfarth Shaw LLP

“They’re Back. . . Part II: The DOL Reissues 17 Previously Withdrawn Opinion Letters”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL has reissued 17 opinion letters it withdrew in 2009. It has also issued two new field assistance bulletins. The DOL’s new openness to answering employer questions, and providing written guidance,...more

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