Category Archives: Department of Labor

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Trump’s DOL Issues First Opinion Letters

DOL
Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers.  The WHD stopped the practice of issuing opinion letters under the Obama administration back in 2010.  After nearly a decade, the WHD finally issued new opinion … Continue reading this entry

Getting PAID – A New Path for Employers to Address Federal Wage and Hour Violations

PAID
It is a dilemma that many employers have faced. You discover that your company violated federal law on minimum wage or overtime payments. You want to fix the problem, but you do not know how to do so without prompting employee demand letters, a Department of Labor audit or, perhaps worst, a class action lawsuit. … Continue reading this entry

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

Disability
The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to provide claimants a full and fair review, to promote fairness and accuracy, and to better protect participants.  The Department … Continue reading this entry

The Department of Labor Restores Bush Era Opinion Letters

PAID
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 opinion letters to employers that were published in January 2009, during the final month … Continue reading this entry

Are You Required to Pay Your Interns?

Interns
For-profit employers occasionally bring on unpaid interns to work at the company. The question employers must ask is whether an unpaid intern is actually an employee and, therefore, entitled to be paid minimum wage and overtime pay under the federal Fair Labor Standards Act (FLSA).  If an intern is not an employee under the FLSA, … Continue reading this entry

Labor Department Proposes A Reversal Of Its Current Tip-Pooling Rules

Department
On December 5, the Department of Labor published a Notice of Proposed Rulemaking to reverse its 2011 rule prohibiting employers from sharing tips obtained by service workers with non-tipped staff. The proposed rule would allow employers who pay at least minimum wage (without taking a tip credit) to share tips through a tip pool with … Continue reading this entry

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

Tip
We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when analyzing the related regulations, but they are not obligated to do so, as is evident from a recent ruling by the United … Continue reading this entry

Overtime Exemption Increases: Not Now, But (Probably) Soon

Overtime
As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a topsy-turvy year-and-a-half, in which multiple courts’ issues opined on the status of that rule, we recently asked … Continue reading this entry

What Ever Happened to the Department of Labor’s New Overtime Rule?

Overtime
As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016, the minimum salary required to be exempt from overtime requirements under the certain Fair Labor Standards … Continue reading this entry

In Pro-Employer Move, Trump Administration Withdraws DOL Guidance Letters

Guidance Letters
President Trump’s reputation as a no-holds-barred businessman was one of the pillars of his campaign. Six months into office, Trump’s administration is showing its pro-business (or pro-employer) tendencies through recent Department of Labor (DOL) guidance.  In this instance, it is the recent withdrawal of Obama administration guidance, rather than the issuance of new guidance, that … Continue reading this entry