Salary-Threshold Proposal Apparently Months Away
The U.S. Department of Labor projects that no proposed changes in the 2016 compensation revisions affecting the FLSA's "white collar" exemptions will be forthcoming before October 2018.
View ArticleFLSA Penalties Increase
Ringing in 2018, the U.S. Department of Labor is increasing the maximum civil money penalties available for certain FLSA violations.
View ArticleUSDOL's Inflexible Intern Test Headed To The Shredder
The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.
View Article"Daily Pay" and Cryptocurrency: Will Advances in Technology Change How Wages...
Technological advances in payroll practices might be desired by both employers and employees, but an employer should give careful consideration as to how it will address the variety of legal...
View ArticleDiscovery In FLSA Cases May Soon Hit The Fast-Track
The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.
View ArticleTip Regulations: The Fundamental Legal Issue
The public comment period for the USDOL's proposed rescission of the 2011 tip regulations has closed. Regardless of where data and "fairness" concerns might lead one, the fundamental legal issue is...
View ArticleNot All Deductions Are "Uniform" Under The FLSA
Whether the FLSA effectively prohibits an employer from imposing certain costs (such as for purchasing a uniform) on an employee depends on a variety of factors, including whether it is...
View ArticleUSDOL Self-Report PAID Program: Benefits TBD
USDOL's Payroll Audit Independent Determination (PAID) pilot program is meant to provide employers with the framework to proactively resolve potential FLSA claims. Nonetheless, on the whole, it seems...
View ArticleFLSA Amendment Bans Employers From "Keeping" Tips
Today's federal budget included a rider to amend the FLSA and prohibit an employer from keeping tips received by its employees, regardless of whether or not the employer takes a tip credit.
View ArticleHere's a Tip: Tread Carefully
Employers should be aware of how we got to the recent FLSA amendment regarding tips, and have a solid understanding of their own tip-related practices, before trying to determine where to go from here.
View ArticleA "Fair" Reading of FLSA Exemptions: The Supreme Court Holds that Service...
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and...
View ArticleDo Good Audits Exist? Minimizing Damages in FLSA Cases
It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. But not all audits are bad. Under the FLSA, conducting an internal audit of...
View ArticleThe Advent of FLSA Guidance
From FLSA enforcement programs to compliance resources, the USDOL has stepped up and provided timely guidance that ultimately can benefit everyone, if employers understand what the various materials do...
View ArticleA Full Plate for USDOL in 2018
The USDOL has added two more wage-hour items to its plate: child labor and regular rate.
View ArticleHiring Minors in the Heat of the Summer: What Employers Need to Know
Hiring minors can be daunting in any state given the FLSA's child labor restrictions that vary depending on the individual's age, the work contemplated, and even the local public school's schedule.
View ArticleWho-When-What: State Law Basics on Summer Hiring
Before forging ahead with summer hires, employers should carefully evaluate state law restrictions to determine whether they overlap and/or supplement the FLSA and, either way, how they apply depending...
View ArticleSerenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At...
Changes from USDOL have been numerous and fast paced. Take a second to look back on what has already happened in the federal wage and hour world in 2018, and what is yet to come.
View ArticleThe FLSA-USDOL 80-Year Bond: As Strong As Oak?
After 80 years with the USDOL, the FLSA needs a shakeup. The problem is that, even as we anxiously await proposed regulations from the current agency and contemplate how things might be under a...
View ArticleBack to Basics: FLSA Coverage Quick Quiz
Does the FLSA apply in this scenario? Take our quiz, and check back for the discussion post.
View ArticleUSDOL Field Bulletin Reiterates That Third-Party Structures Are Often A Mixed...
USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.
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