News & Analysis as of

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

Fisher Phillips

Wage and Hour Officials Focus on Healthcare Employers in Southeastern U.S. – 5 Tips to Avoid Trouble

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Federal wage and hour officials have trained their attention on healthcare employers in the Southeastern United States – and we expect this scrutiny to continue into the new year. The past year alone saw the Department of...more

Husch Blackwell LLP

Keeping the "H" in "HR" – a Primer on the DOL's AI Guidance

Husch Blackwell LLP on

Recently, the Wage and Hour Division (WHD) of the Department of Labor issued a Field Assistance Bulletin (FAB) that provides guidance for employers on the application of artificial intelligence (AI) to the Fair Labor...more

Jackson Lewis P.C.

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more

Haynsworth Sinkler Boyd, P.A.

DOL Raises Salary Thresholds for Exempt Workers

Under the FLSA, employees must meet the above salary thresholds and the duties tests for executive, administrative, or professional employees for the employees to be exempt from the FLSA’s overtime pay requirements. Employees...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Goldberg Segalla

Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time

Goldberg Segalla on

Key Takeaways - Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these...more

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Proskauer - Law and the Workplace

What to Do When Your Timekeeping System Crashes

A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your...more

Akerman LLP - HR Defense

Employees Are Responsible for Logging Remote Work Hours

Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those...more

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

U.S. Department of Labor Issues New Guidance on Remote Work

The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state...more

Poyner Spruill LLP

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

Poyner Spruill LLP on

On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Poyner Spruill LLP

Department of Labor Reissues 2009 Opinion Letter Regarding Tip Credits Under FLSA

Poyner Spruill LLP on

In 2009, the U.S. Department of Labor issued an opinion letter which clarified the DOL’s position regarding the application of “tip credits” to employees who performed multiple job functions for an employer. However, shortly...more

Fisher Phillips

USDOL Cleans Up Its “20% Rule” Mess

Fisher Phillips on

The United States Department of Labor (USDOL) issued four opinion letters yesterday in which it construed issues arising under the federal Fair Labor Standards Act (“FLSA”). The most significant of these letters, FLSA2018-27,...more

McAfee & Taft

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

McAfee & Taft on

Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more

Fisher Phillips

A Partial FLSA Wish List

Fisher Phillips on

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Summer 2016

FLSA white-collar exemption rule has retail employers in the bulls-eye - The U.S. Department of Labor’s new rule regarding white-collar exemptions under the Fair Labor Standards Act has a lot of employers scrambling,...more

Smith Anderson

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

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The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

Fisher Phillips

"10% Credit" Approach Might Necessitate Timekeeping

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Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. 29...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Affirms Use of FLSA "Rounding" Rule for Recording Time Worked

For more than a half-century, Department of Labor regulations issued under the Fair Labor Standards Act have allowed employers to adopt an administrative rounding policy to prevent situations where the employer would be...more

Fisher Phillips

"Exceptions Reporting" Timekeeping:  Is It The Answer?

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Due to coming changes in the U.S. Labor Department's compensation requirements for the federal Fair Labor Standards Act's "white collar" exemptions, many employers will no longer rely upon those exemptions for at least some...more

McCarter & English, LLP

Takeways from the DOL’s Final Overtime Pay Rule

On May 18, 2016, the U.S. Department of Labor (“DOL”) released its long-expected Final Rule, making certain significant changes to the executive, administrative, and professional (“EAP”) and highly compensated executive...more

Smith Anderson

Final Overtime Regulations Issued By DOL

Smith Anderson on

On May 18, 2016, the federal Department of Labor (DOL) announced the publication of the much-anticipated final rule updating the overtime regulations under the federal Fair Labor Standards Act (FLSA). The final rule was...more

Womble Bond Dickinson

U.S. Department of Labor Issues Final Rule Regarding Overtime and "White Collar" Employees

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On Wednesday, May 18, 2016, the United States Department of Labor (DOL) issued the final version of revised regulations relating to so-called “white collar” exemptions from overtime pay requirements. The Final Rule...more

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

Retail and Hospitality Employers Grapple With the DOL's Final FLSA Part 541 Regulations

For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...more

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