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ELLN Chair’s Newsletter and Join us at the August ACC Employment & Labor Law Teleconference Meeting Tomorrow!

Tomorrow, Wednesday, August 5 is the regular monthly teleconference of the Association of Corporate Counsel’s Employment & Labor Law Network (ELLN), where I am Chair this year.  This post is an open invite to in house counsel who are not already attending our ELLN monthly meetings to join us! My Chair’s Newsletter appears below.  If you are an in-house counsel, ...

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Reclassifying Exempt Employees as Non-Exempt under the FLSA

We have discussed exempt and non-exempt classifications and related issues many times here. Normally, we talk about classifying non-exempt employees as exempt under (most commonly) one of the white collar exemptions. What about the reverse? Can an employer decide to forgo a white collar exemption under the Fair Labor Standards Act (FLSA) regulations? The answer is yes, it is possible. ...

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Lessons from the DOL’s Recovery of Backpay from Chick-Fil-A Franchisee for Improper Uniform Deductions

Last week, the Department of Labor (DOL) announced that it had secured over $12,000 in back wages for 184 employees of a Chick-Fil-A franchisee. The settlement secured by the DOL’s Wage and Hour Division is a good reminder that DOL is still on the case, even during the COVID-19 pandemic. The franchisee ran afoul of the Fair Labor Standards Act ...

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DOL Updates Guidance on Family First Coronavirus Response Act Leave

Last week, we discussed the bulletin released late last Friday by the Department of Labor (DOL) announcing that the agency would stop routinely seeking liquidated damages in pre-litigation settlements under the Fair Labor Standards Act. The DOL had a busy Friday afternoon at the end of June, though, because in Field Assistance Bulletin No. 2020-4, the DOL’s Wage and Hour ...

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DOL Updates Guidance on Family First Coronavirus Response Act Leave

Last week, we discussed the bulletin released late last Friday by the Department of Labor (DOL) announcing that the agency would stop routinely seeking liquidated damages in pre-litigation settlements under the Fair Labor Standards Act. The DOL had a busy Friday afternoon at the end of June, though, because in Field Assistance Bulletin No. 2020-4, the DOL’s Wage and Hour ...

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July Brings DOL Forbearance on Liquidated Damages in Wage Claims, Investigations

Effective today, July 1, 2020, the U.S. Department of Labor (DOL) is cutting employers a temporary break. As we discussed back in March, employers can be sued for violations of the Fair Labor Standards Act (FLSA), such as failing to pay minimum wage for all hours worked or to provide overtime pay as required. The DOL’s Wage and Hour Division ...

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The New FLSA “Regular Rate” Clarifications: The TL;DR Version

Over the past week, we have taken a detailed look at the DOL’s new regulations affecting the calculation of the “regular rate” of pay. In Part 1, we addressed bona fide meal periods and pay for showing up or coming back. In Part 2, we looked at paid time off, reimbursements for business expenses, and “reasonableness” of expenses. Finally, in Part ...

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The New FLSA “Regular Rate” Clarifications: Part 3

On January 15, the DOL’s new regulations affecting the calculation of the “regular rate” of pay took effect, in an attempt to “provide clarity and to better reflect the 21st-century workplace.” In part one of our look at the changes, we looked at how the Department of Labor (DOL) clarified certain events that relate to employees’ work schedules. In part two, we examined ...

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