Tag Archives: DOL

DOL Overtime Proposals—Part II: Salary Change Consequences and “Discretionary” Bonus Clarification

Salary
Double-Barreled Rulemaking. Last month, we commented on the Department of Labor’s (DOL) March 7, 2019, proposed rulemaking to increase the salary test threshold for overtime exemptions, potentially making another million or so people eligible for overtime pay. Next, in a companion rulemaking proposal, issued March 28, 2019, and summarized in our post last week, the DOL announced … Continue reading this entry

DOL at it Again: New Proposed Rules Published to Clarify Regular Rate

Proposed
On March 28, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would clarify that certain payments and benefits provided by employers do not factor in to employees’ “regular rate,” which is used to calculate overtime pay. This latest announcement is on top of a flurry of recent activity from DOL … Continue reading this entry

DOL Publishes Guidance On H-1B Requirements

DOL
On March 15, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) for all DOL District Directors providing guidance on how U.S. petitioners of H-1B visas must comply with mandatory posting requirements related to petitioners’ H-1B petitions. See Bulletin here. H-1B employment visa petitions are … Continue reading this entry

DOL Issues New FMLA, FLSA Guidance to Employers

DOL
Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters are a helpful tool for employers to understand their rights and responsibilities under the law. Employers may even rely … Continue reading this entry

DOL Issues Notice of Proposed Rulemaking to Increase Salary Thresholds

Proposed
On March 7, 2019, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) that would increase the minimum salaried basis threshold required to be paid to employees under the white collar exemptions (e.g., executive, administrative, and professional). Under current regulations, to avoid paying overtime, employers must pay employees at least $455/week ($23,660/year) … Continue reading this entry

Two Department of Labor Agencies Announce Recent Developments: EEOC and OFCCP

OFCCP
OFCCP Audit Scheduling Letters Available Online – On Friday, February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next set of Corporate Scheduling Announcement Lists (CSALs) in the department’s FOIA Library next month (around mid- to late-March). As a reminder to our readers who … Continue reading this entry

Putting PAID to Non-Compliant Payroll Practices: Is the DOL’s Payroll Self-Audit Program Right for You?

payroll
Remember full-service gas stations? These days, we have self-service pumps. Remember cashiers at the grocery store? Now, most chains offer self-service checkout. Remember the DOL auditing your labor practices? Not so fast – they still do that. But now employers can take the “do-it-yourself” approach too!  While it is easy to see the convenience and … Continue reading this entry

You Can Pay Exempt Employees Their Guaranteed Salaries on an Hourly, Daily, or Shift Basis, and the Department of Labor Has Given Some Tips on How to Do It Correctly

Proposed
Human resources and other professionals who review job positions for possible exemptions under the federal wage and hour law (the Fair Labor Standards Act or FLSA) are familiar with the “salary basis” and “job duties” tests. Employees who work in jobs that meet both tests and who work in true executive, administrative, or professional capacities … Continue reading this entry

DOL Reverses Course on “80/20” Limitations for Tipped Employees

DOL
On November 8, 2018, the Department of Labor (DOL) issued 4 new opinion letters providing both employers and employees further insight into the agency’s views regarding compliance with federal labor laws.  While the letters touch on a variety of issues, perhaps the most notable change involves the DOL’s about-face regarding the amount of “non-tipped” work … Continue reading this entry

Check Your COBRA Notices in Order to Avoid Potential Lawsuits

ACA
Have you thought about your COBRA notices recently? Of course not, because COBRA notices don’t warrant your valuable time. They are just another one of those pesky notices that the law requires you to send. If that was your reaction, you may want to rethink it.… Continue reading this entry

Wage and Hour Compliance – Better Guard Your Own Parking Spot

wage
Many companies at one time or another get overtime compliance wrong, at least to some degree. It’s an expensive topic. Liability under federal law for failing to correctly pay overtime comes at the hefty price of all unpaid overtime for two years (three when its willful, and even longer under some state laws), multiplied by two for … Continue reading this entry

OFCCP Signals Emphasis on “Religious Liberty” in Federal Contractor Compliance

OFCCP
On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level playing field” for religious organizations to compete for federal contracts. While the 2014 Obama administration rule prohibiting discrimination based on sexual orientation and gender … Continue reading this entry

The Heat Is On: Is Your Company in Compliance with State Sun and Heat Worker Protections?

heat
With summer in full swing and heat waves sweeping the country, it is important that employers comply with any state regulations protecting employees who work outdoors from suffering from heat-related illnesses. Just last week, with the National Weather Service issuing excessive heat warnings for California, Cal/OSHA reminded all employers with outdoor workers to be mindful … Continue reading this entry

No Summer Break for New York State’s and New York City’s Anti-Sexual Harassment Protections

New York
With the summer (and many vacations) now in full swing, it would be easy for employers to miss the anti-sexual harassment protections that were added to the New York Civil Practice Law and Rules (NY CPLR) and New York’s General Obligation Law, effective July 11, 2018, as well as the additional training, policy and other … Continue reading this entry

I Want To Dock My Employee’s Wages Because She Broke Her Laptop – Okay?

wages
The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation? We live in a time where company-issued computer laptops and tablets are commonplace. It is also fairly certain that, at one time or another, … Continue reading this entry

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

wage
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

wage
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?

Proposed
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

DOL
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

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

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

OSHA Update—Proposed Delay for New Beryllium Rule Effective Date

On March 1, 2017, the United States Department of Labor proposed another delay to the effective date of Occupational Safety and Health Administration’s (“OSHA”) new beryllium rule.  The proposed delay is again in conjunction with the White House’s Regulatory Freeze Pending Review Memorandum (the “Memorandum”).  If implemented, it will make the rule’s new effective date … Continue reading this entry

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

Wage and Hour
As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own overtime rules — New York. Effective December 31, 2016, the New York Department of Labor amended its minimum … Continue reading this entry