Tag Archives: Wage and Hour

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

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

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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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Looking Back: Encino Motorcars v. Navarro One Year Later

Until last April, the Supreme Court had construed Fair Labor Standards Act (FLSA) exemptions “narrowly.” For example, just 7 years after the FLSA’s passage, the Court ruled in A.H. Phillips, Inc. v. Walling, that “extend[ing] an exemption to other than ...

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New Fair Labor Standards Act Regulations Very Likely to be Released Next Week

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For those of you who have been following the U.S. Department of Labor’s (DOL) efforts to change (at least) the salary threshold for white collar employees under the Fair Labor Standards Act (FLSA), the day of reckoning is likely upon ...

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Your “Construction” Business Under State Employee Classification Laws

After a brief (but mandatory) operational pause, the blog is back!  I can’t promise daily posts going forward, but I will be active from here on out.  Back to our regular programming… Have you ever dreamed of being in “waste ...

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Recent Indictment is Good Reminder that FLSA, Other Wage and Hour Laws Provide for Criminal Charges

Photo credit: The.Comedian via Foter/Flickr - CC BY-NC

We talk regularly about the DOL’s focus on misclassifications or the potential liability for unpaid overtime, but these are all civil penalties. Although they are somewhat rare, the FLSA and other wage and hour statutes provide opportunities for criminal charges against employers. In ...

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A Deeper Look at the Department of Labor Wage and Hour Division’s FY2015 Enforcement Statistics

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Yesterday, we looked at statistics for FLSA lawsuits in federal courts during calendar year 2015.  The Department of Labor’s Wage and Hour Division (WHD) recently released its enforcement statistics for FY2015, which ended on September 30.  The data shows a few ...

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FLSA Minimum Wage, Overtime Lawsuits Set New Record in 2015, Filing Growth Continues

Welcome back! If you missed them over the holiday week, you will want to check out our series on 2016’s Pay Period Leap Year from last week.  You might need to take some immediate action to get payroll ready for this ...

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Don’t Get Carried Away with the Pay Period Leap Year

Photo credit: Lisa Lawley via Foter.com - CC BY-NC-ND

Yesterday, we discussed the Pay Period Leap Year and what it means for employers. If your first weekly paychecks would normally issue this Friday, January 1, 2016, you will have a fifty-third pay period on December 31, 2015. If your ...

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Preparing for the 2016 Pay Period Leap Year

Historical records show that at least twice in history, countries have observed February 30 on the calendar.  Sweden added the date to its 1712 calendar to correct an earlier calendar error and the Soviet Union observed February 30 in 1930 ...

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