News & Analysis as of

Wage and Hour Wage & Hour Division (WHD) Fair Labor Standards Act (FLSA)

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

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

Fisher Phillips

Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

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A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...more

Bradley Arant Boult Cummings LLP

Welcoming Our Robot Overlords? Navigating New Guidance on AI

As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB...more

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

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On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

Steptoe & Johnson PLLC

Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

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On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance...more

Benesch

DOL’s New Assessment Procedures for Calculating Civil Monetary Penalties Significantly Increases Liability for Employers.

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The U.S. Department of Labor recently changed how it assesses civil money penalties against employers for violating federal child labor laws, which could significantly increase fines for hiring underage children to perform...more

Fisher Phillips

Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

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Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may...more

Seyfarth Shaw LLP

DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

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Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more

Fisher Phillips

Labor Department’s “New” Tip Credit Rule is Here to Stay…For Now: A 10-Step Plan for Hospitality Employers

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A federal court just refused to block the U.S. Department of Labor’s infamous 80/20 rule, which applies to employers that take the tip credit toward their minimum wage obligation under federal wage and hour law – which means...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Training Time

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As the COVID-19 Public Health Emergency has come to an end, employees are heading back to conferences in droves and resuming their usual training activities. While employers big and small understand they must compensate...more

Amundsen Davis LLC

DOL Issues Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act

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On February 9, 2023 the Wage and Hour Division of the United States Department of Labor (WHD) issued a Field Assistance Bulletin (FAB) providing guidance to WHD field staff regarding proper compensation under the Fair Labor...more

Bowditch & Dewey

Department of Labor Issues Guidance Relative to Remote Employees

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On February 9, 2023, the Department of Labor’s Wage and Hour Division (“DOL”) issued a Field Assistance Bulletin (“Bulletin”). The Bulletin provides guidance on the application of the Family and Medical Leave Act (FMLA) and...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Fisher Phillips

Planning for 2023: Consider Reviewing Employee Salaries Before the Labor Department Issues a New Overtime Rule

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As you plan your 2023 budgets, you may want to account for a potential increase in the exempt salary threshold under an anticipated new federal overtime rule. The Department of Labor (DOL) initially aimed to release the...more

Levenfeld Pearlstein, LLC

DOL Announces Rule Change on Independent Contractor Classifications

On October 11, 2022, the U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking on October 13 to determine whether a worker is an employee or an independent contractor under the Fair Labor...more

Fisher Phillips

Food Delivery Apps Can Be Both a Blessing and a Curse for Restaurants: 5 Tips to Avoid a Tip Credit Landmine

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Restaurants’ reliance on food delivery apps soared during the pandemic because they provide a convenient way for customers to order from local restaurants and an easy solution for processing restaurant payments and sourcing...more

Fisher Phillips

4 Reminders for Employers After a Texas BBQ Chain’s $900K Tip Pooling Mistake

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Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience – but they can also land you in hot water...more

McAfee & Taft

DOL issues new guidance to employers warning about retaliation

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Retaliation continues to be at the top of the federal government’s priority list.  Last month, the U.S. Department of Labor issued a new field assistance bulletin entitled Protecting Workers from Retaliation, which addresses...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

Fisher Phillips

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

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Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

BakerHostetler

[Ongoing Program] Wage and Hour: What Has Changed and What to Watch - March 15th, 2:00 pm - 3:00 pm ET

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Fisher Phillips

Will Tips Apps Lure Workers Back to Work? What Hospitality Employers Need to Know

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The world is opening up again and Americans are venturing out to travel, shop, and dine out. With the sudden rise in leisure and hospitality sales, the industry is facing an increased need for skilled employees – but...more

Proskauer - Law and the Workplace

Business Groups Challenge Biden Administration’s Delay of Trump-era Independent Contractor Rule

In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we...more

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