News & Analysis as of

Wage and Hour Employer Liability Issues The United States Department of Labor

First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing

by Fox Rothschild LLP on

At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of...more

Update: Soup, Salvation and Overtime – Sixth Circuit Reverses $400,000 FLSA Verdict

Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more

The Consolidated Appropriations Act: Tipping in The Hospitality Industry

by Buchalter on

Despite threatening a veto, President Trump signed the 2018 Consolidated Appropriations Act (Public Law No. 115-141) on March 23, 2018. The Act is more than 2000 pages in length....more

Rev. Ernest Angley Wins Wage-Hour Case

If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

by Verrill Dana LLP on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

Department of Labor Issues Opinion Letters on Compensable Time, Garnishment Limitations

The Wage and Hour Division of the U.S. Department of Labor issued three opinion letters on April 12, 2018, on the topics of compensation for health-related breaks under the Fair Labor Standards Act, compensation for travel...more

NY Governor Wants Employers to Say No to Salary History

by Fisher Phillips on

On April 10, 2018, Equal Pay Day, New York Governor Andrew Cuomo unveiled proposed legislation banning all employers in New York from asking job applicants about their salary history. The legislation is aimed at closing the...more

II-31- The Changing 9 to 5 From 1980 to Today

by Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Congress Amends Fair Labor Standards Act, Takes Firm Stand Against Tip Theft

On March 23, 2018, with national attention focused on the specter of a government shutdown and a potential veto on Congressional spending measures, President Donald Trump signed into law the Consolidated Appropriations Act of...more

Considerations For Utilizing The DOL’s Pilot “PAID” Program

by SmithAmundsen LLC on

In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

DOL Offers Additional Guidance on FLSA Compensable Travel Time, Rest Breaks and Garnishments in New Opinion Letters

by Stinson Leonard Street on

Returning to its long-standing practice of issuing opinion letters (which had ceased in 2010), and after reissuing 17 previously withdrawn opinion letters on January 5, 2018, the Department of Labor (DOL) yesterday issued...more

Congress Paves the Way for Tip Pooling to Include Back-of-the-House Employees

The history of tip pooling for employers who do not utilize a tip credit has been a rocky one. Past articles on this site have chronicled an employer’s ability to pool and distribute tips to all employees, including those in...more

DOL Clarifies Tip Pooling Law

by FordHarrison on

As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more

Must An Employer Pay For Frequent FMLA Breaks?

by Jackson Lewis P.C. on

Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this question in a...more

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

by Littler on

On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

States’ Attorneys General Throw Shade on USDOL’s “PAID” Program

Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more

The Nation’s Employers Just Got PAID

by Akerman LLP - HR Defense on

Employers who would like to work with the Department of Labor to correct potential wage and hour violations before they get sued may get their wish: the DOL has launched a Payroll Audit Independent Determination (PAID)...more

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

by Franczek Radelet P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

Are Employers Willing To Risk Getting PAID?

by Jackson Lewis P.C. on

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more

New Tip Pooling Guidelines For Employers

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

Department Of Labor Issues Initial Guidance On Tip Pooling Amendment

by Jackson Lewis P.C. on

This week the Department of Labor issued new guidance, in a “Field Assistance Bulletin,” on the recent amendment to the FLSA regarding tip sharing. The recent amendment to the FLSA (which was included in the omnibus budget...more

Tip Pooling Updates

by Fox Rothschild LLP on

The Fair Labor Standards Act now permits back-of house employees to participate in mandatory tip pools, provided no tip credit is taken against minimum wage. The Consolidated Appropriations Act, 2018 budget bill effectively...more

Auto Dealership Sells Supreme Court on Service Advisor OT Exemption

On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA). In Encino Motorcars v. Navarro, the majority, Chief Justice John Roberts and Justices...more

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