Tag Archives: DOL

FLSA FAQs: Pay Agreements and Changing Employee Pay Rates

For many employers and employees, a new year means a review of pay levels and new agreements about pay going forward. (I hope that it means pay increases, but as we discussed with the Pay Period Leap Year last week ...

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DOL Finalizes Independent Contractor vs. Employee FLSA Rule That Likely Will Never Take Effect

DOL seal

In September, we discussed the Department of Labor’s announcement of a then-proposed rule offering the agency’s interpretations of whether a worker is an independent contractor for purposes of the Fair Labor Standards Act (FLSA). Before the horrific chaos at the Capitol ...

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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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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 ...

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

Bored

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. ...

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The New FLSA “Regular Rate” Clarifications: Part 3

DOL seal

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 ...

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The New FLSA “Regular Rate” Clarifications: Part 2

DOL seal

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 ...

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The New FLSA “Regular Rate” Clarifications: Part 1

DOL seal

The Department of Labor (DOL) has been busy lately, and not just by increasing the threshold for salaried, exempt employees under the Fair Labor Standards Act (FLSA). That threshold increased on January 1, 2020 for the first time since the ...

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Are Employers Required to Pay Workers for Holidays?

Mistlepup

In our last post, we talked about unlimited vacation, but this time of year, vacation is obviously not the only thing on our minds. As I sit in union negotiations this week talking about holidays and holiday pay (among other ...

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