FAQ

DOL Proposes (Potentially Temporary) Independent Contractor vs. Employee Interpretations of FLSA

DOL seal

Since the Department of Labor (DOL) Wage and Hour Division first announced its spring’s unified regulatory agenda, we have known that the DOL was planning to use the waning months of the Trump administration’s first term to fast track a new employee ...

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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 ...

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DOL Updates Guidance on Family First Coronavirus Response Act Leave

DOL seal

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 ...

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

DOL seal

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 ...

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Navigating the Coronavirus Unemployment / Return To Work Dilemma

CDC picture of the coronavirus

I will be part of a Bloomberg Law panel tomorrow, May 13, entitled “Reopening During Coronavirus: What Employers Need to Know” (click the link for free registration, with CLE available for attorneys). One of the more interesting wage and hour ...

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State Appeals Court Clarifies Unlimited Paid Time Off Policies in California

Holiday

COVID-19-induced challenges and the resulting work-life balance changes have cut into the time I have had available for posts, but I wanted to pass along an important non-coronavirus related court decision from this past month that ties into one of ...

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FLSA FAQ: The FLSA and Coronavirus: Paying Employees during the COVID-19 Outbreak while minimizing Wage and Hour Risk

CDC picture of the coronavirus

The Coronavirus (COVID-19) outbreak, first identified in Wuhan, Hubei Province, China is increasingly creating challenges for employers in the United States seeking to protect their workforces and customers, and maintain continuity of operations. While much of the focus has understandably ...

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FLSA FAQs: Liquidated Damages and FLSA Non-Compliance

In our last post, we discussed what can happen if you do not pay the proper overtime premium to your employees pursuant to the Fair Labor Standards Act (FLSA). Employees whose employers fail to make FLSA-required overtime can enforce their ...

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FLSA FAQs: Penalties for FLSA Non-Compliance

In recent weeks, we have gotten really into the weeds about the modifications to the Fair Labor Standards Act (FLSA) regulations (see Part 1, Part 2, Part 3, and the TL;DR version). This week, I would like to back up ...

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PTO Forever: Unlimited Vacation

Holiday

As we roll into the Thanksgiving holiday here in the U.S., vacation and the long holiday weekend are on my mind! I’m fortunate to be able to do some pro bono work in my in-house practice. One issue that a ...

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