News & Analysis as of

Wage & Hour Division (WHD)

Gordon Rees Scully Mansukhani

U.S. Department of Labor Wage and Hour Investigations: What Employers Should Know

A U.S. Department of Labor Wage and Hour Division (WHD) investigation often begins with a letter requesting payroll records, employee information, and other employment data. WHD investigations may arise from employee...more

Butler Snow LLP

The U.S. Department of Labor’s PAID Program: Requirements, Process, and Benefits

Butler Snow LLP on

The U.S. Department of Labor’s Wage and Hour Division (WHD) offers the Payroll Audit Independent Determination (PAID) program as a voluntary pathway for employers to self-identify and resolve certain wage-and-hour and leave...more

Bradley Arant Boult Cummings LLP

The Regulatory Pendulum of Independent Contractors: Does the New DOL Test Grant More Independents?

As the Department of Labor’s (DOL) composition ebbs and flows from administration to administration, so does the guidance employers receive on one of the most challenging questions in workforce management: Should workers be...more

Jackson Lewis P.C.

DOL’s Proposed 2026 Independent Contractor Rule: What Employers Need to Know

Jackson Lewis P.C. on

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued a Proposed Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and...more

Constangy, Brooks, Smith & Prophete, LLP

Déjà Vu All Over Again: Wage & Hour Division proposes new independent contractor regulation

For the third time in five years, the Wage & Hour Division of the U.S. Department of Labor has published proposed regulations to define who is an independent contractor and who is an employee under the Fair Labor Standards...more

Fisher Phillips

DOL Independent Contractor Proposal is Welcome News for Businesses: 4 Steps to Prepare

Fisher Phillips on

The US Department of Labor just released a highly anticipated proposal yesterday that should soon modernize its approach to determining whether a worker is an independent contractor or employee under federal wage laws. The...more

Foley & Lardner LLP

United States Department of Labor’s Wage and Hour Division Issues a Flurry of Opinion Letters Interpreting the FLSA and FMLA

Foley & Lardner LLP on

Earlier this year, the United States Department of Labor’s Wage and Hour Division (DOL) issued six opinion letters designed to, according to the DOL, “promote clarity, consistency, and transparency in the application of” the...more

Parker Poe Adams & Bernstein LLP

Labor Department Sets New Minimum Wage for Federal Contractors

Last year, President Donald Trump withdrew a Biden-era executive order setting the minimum wage for workers employed by federal contractors at $17.75....more

Vedder

U.S. DOL’s Wage and Hour Division Rings in the New Year With New FLSA Guidance

Vedder on

In accordance with its promise to provide additional guidance regarding wage and hour issues, which we previously reported, on January 5, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a...more

Goldberg Segalla

DOL Issues Six Opinion Letters Interpreting the FLSA and FMLA

Goldberg Segalla on

On January 5, 2026, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued six opinion letters designed to promote clarity, consistency, and transparency in the application of federal labor standards. These...more

Frantz Ward LLP

U.S. Department of Labor Rings in the New Year by Issuing Six New Opinion Letters

Frantz Ward LLP on

On Monday, January 5, 2026, the Wage and Hour Division of the Department of Labor (DOL) issued six opinion letters addressing questions regarding calculating overtime compensation under the Fair Labor Standards Act (FLSA) and...more

Lerch, Early & Brewer

DOL Confirms Bonuses must be Truly Discretionary to Warrant Exclusion from Regular Rate Calculation

Lerch, Early & Brewer on

On January 5, 2026, the United States Department of Labor, Wage and Hour Division (DOL) issued six new opinion letters interpreting the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA)....more

Conn Maciel Carey LLP

Reading the Tea Leaves: What are the Wage and Hour Division’s Priorities in Year Two of Trump 2.0

Conn Maciel Carey LLP on

With a little more than a year of the Second Trump Administration in the books, we are getting a better idea of the President’s priorities, including at the U.S. DOL’s Wage and Hour Division (“WHD”). Rulemaking plans...more

Perkins Coie

DOL Confirms Nondiscretionary Incentive Bonuses Must Be Included in the Regular Rate for Overtime

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (DOL) recently issued Opinion Letter FLSA2026-2 confirming that incentive bonuses earned under a predetermined plan must be included in an employee’s “regular rate” when...more

Perkins Coie

DOL Clarifies FMLA Leave Calculation for School Employees During Short-Term Closures

Perkins Coie on

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-1, providing important guidance on how short-term school closures, such as snow days, affect a school employee’s...more

Perkins Coie

DOL Opinion Letters Provide Insight on Family and Medical Leave and Fair Labor Standards Requirements

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (DOL) recently published six opinion letters, which provide information about the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA). In this series, each...more

Amundsen Davis LLC

U.S. Department of Labor Issues New FLSA and FMLA Opinion Letters: Key Compliance Takeaways for Employers

Amundsen Davis LLC on

The U.S. Department of Labor (DOL) recently released a new set of opinion letters addressing recurring questions under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). While opinion letters...more

Jackson Lewis P.C.

2025 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

Our “Year in Review” summarizes the most important wage and hour developments of 2025, including significant Department of Labor activity, U.S. Supreme Court and federal appellate court decisions, and state law changes,...more

Fisher Phillips

Labor Department Clarifies Overtime, Medical Leave Questions in New Opinion Letters: What Employers Need to Know

Fisher Phillips on

Do employers have to classify qualified employees as exempt from overtime pay if they don’t want to? Can FMLA leave be used to travel to and from medical appointments? The Department of Labor (DOL) recently released six new...more

Tarter Krinsky & Drogin LLP

Travel Time To and From Medical Appointments: Is It Covered by the FMLA?

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division published an Opinion Letter (FMLA2026-2) addressing whether leave under the federal Family and Medical Leave Act (FMLA) may be used intermittently or...more

Conn Maciel Carey LLP

[Webinar] Insights into Wage and Hour Investigations - January 22nd, 10:00 am PT

Conn Maciel Carey LLP on

With over a year of President Trump’s second term under our belts, the current administration’s priorities have begun to take shape. While we expect enforcement activity to decrease during President Trump’s second term, wage...more

Jackson Lewis P.C.

FMLA Leave Calculation When Employers Close for Weather

Jackson Lewis P.C. on

The Department of Labor (DOL) Wage and Hour Division issued an opinion letter on Jan. 5, 2026, analyzing how a school closure of less than one full week affects the Family and Medical Leave Act (FMLA) entitlement of an...more

Holland & Knight LLP

DOL Issues 6 New Opinion Letters on FLSA and FMLA Compliance

Holland & Knight LLP on

The U.S. Department of Labor's Wage and Hour Division (DOL) issued six opinion letters on January 5, 2026, related to the Fair Labor Standard Act (FLSA) and the Family and Medical Leave Act (FMLA). These opinion letters...more

Fisher Phillips

Top 2026 Predictions for Wage and Hour

Fisher Phillips on

Our Wage and Hour thought leaders have pulled together their top predictions for the new year so that employers can get a head start to 2026....more

Fisher Phillips

Back Online and On Alert: What Employers Must Do Now As the Government Shutdown Ends

Fisher Phillips on

With the federal government shutdown ending, employers need to shift gears fast. Key federal agencies will soon resume normal operations, and we’ll see regulatory action and oversight surge back into motion. This is the...more

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