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Tag Archives: Regulations

Congress Repeals FLSA Provision, Immigration Battle Heads to Supreme Court

Earlier this week, we discussed the important amendment to the transportation bill that would clarify that federal law preempts certain state meal and rest break laws for interstate carriers.  That’s not the only change involving the FLSA and wage and ...

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What the DOL’s Possible Delay of New Overtime Rules Means for Employers

Undoubtedly the hottest topic in Fair Labor Standards Act and wage and hour law has been the Department of Labor’s (DOL) effort to revise the FLSA’s “white collar” or EAP regulations governing executive, administrative, and professional employees who are exempt ...

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DOL Starts Enforcing New Home Health Care Provider Rule Today

As we discussed in October, the Supreme Court denied a request to stay the Department of Labor’s new “Home Care” Final Rule, which prohibits third-party employers from using the overtime exemption in the Fair Labor Standards Act (FLSA) for certain domestic ...

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FLSA FAQ: A Solution for Per Diem Problems

Yesterday, we discussed the DOL’s focus on employers’ per diem payments to employees.  I promised an easy–and more easily defensible–solution to employers who want to pay per diems but don’t want the headache of tracking every last receipt that comes ...

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FLSA FAQ: The Problem with Per Diems

Last week, I mentioned that the “per diem” issue under the Fair Labor Standards Act (FLSA) is not just a regular rate calculation problem, but a liability issue, too.  In the case that we discussed on Friday, the parties had agreed that ...

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Playing with FLSA Fire: Lawsuit over Call Center’s Aggressive “Idle Time” Deductions Proceeds

Recently, the federal district court in Minnesota allowed a collective action filed by call center employees to proceed in an example of how employers can end up playing with fire through over-aggressive time deductions, particularly when employees are idle and “engaged ...

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Defining “Full Time” Under the FLSA and Wage and Hour Laws

All of our recent talk about alternative work schedules and handling PTO raised an issue for a reader who called me yesterday about a common issue that I frequently hear from in-house counsel, payroll administrators, and HR leaders.  Many employers don’t want ...

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Shepherders and the H-2A Visa: DOL Publishes New Rule on Minimum Wage, Other Issues

In proof that the reach of the Department of Labor, the FLSA, and immigration laws is greater than you ever thought, this past week, the DOL published its Final Rule on shepherders and other herders of range livestock, including goats.  The ...

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The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs

Stores are already putting up Thanksgiving and even Christmas displays (at my local Sam’s Club!), and Urban Outfitters is getting ready.  Gawker published an e-mail this past week asking its full time employees at URBN, Urban Outfitters’ Philadelphia-based parent company, to “volunteer” ...

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DHS’s Proposed STEM OPT Regulation Sent to OMB for Approval

Employers who rely on STEM (Science, Technology, Engineering, and Math) students to fill technical positions got some good news this past week.  The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program ...

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