On March 6, 2018, the U.S. Department of Labor announced a new nationwide pilot program called “PAID” – Payroll Audit Independent Determination. For an initial 6 month trial period, employers can self-audit their wage and hour practices. If violations are found, an employer can voluntarily report it to the DOL’s Wage and Hour
FLSA Overtime Overhaul Is Deemed Invalid
I suspect you have all heard by now, but on September 5, 2017, Judge Mazzant of the Eastern District of Texas declared the proposed overtime overhaul regulations to be invalid. As a result, the minimum salary levels remain as before the revisions -$23,600 annually, or $455 per week. For highly compensated employees, the amount will
Overtime Rule Comment Period Gathers Over 12,000 Comments In 1 Week – 11,930+ Are the Same Comment
On July 26, 2017, the Department of Labor asked the public for comments concerning revisions to the overtime rules. Only a week later, the DOL has received over 12,000 comments. However, it appears a move is underway whereby individuals are cutting and pasting the same statement literally thousands of times. It appears an individual posted
DOL Asks For Public Comments Regarding New Overtime Regulations
The United States Department of Labor officially published its Request for Information (RFI 1235-AA20); Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, today. In doing so, the DOL expressly acknowledged many employer’s concerns that the previously-set salary threshold of $913 per week was too high, it inappropriately excluded too
Department of Labor Publishing Overtime Overhaul Request for Information on July 26, 2017
The United States Department of Labor announced today that, as indicated in the 5th Circuit Appeal recently, it will be publishing a new Request for Information (RFI) concerning the overtime regulations (technically, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”) tomorrow. The July 26, 2017 RFI will seek public
US DOL Revives Opinion Letters, Ruling Letters, Administrator Interpretations and Field Assistance Bulletins
The United States Department of Labor (DOL) recently announced its decision to once again issue Opinion Letters, Ruling Letters, Administrator Interpretations and Field Assistance Bulletins. They will be published on the DOL website here, along with past opinions (pre-2009). Interpretations by the DOL Administrator that interpret the Fair Labor Standards Act (FLSA), Davis-Bacon Act
DOL Withdraws Opinion Letters Regarding Joint Employment & Independent Contractors
On June 7, 2017, the U.S. Department of Labor announced its withdrawal of two Obama-era opinion letters, stating the removal does not “change the legal responsibilities of employers under the Fair Labor Standards Act (FLSA) or Migrant and Seasonal Worker Protection Act”. However, certainly such withdrawal is meaningful from an enforceability standpoint, as well as
Eighth Circuit Court of Appeals Finds Paralift Van Drivers Not Exempt Under the Motor Carrier Exemption to FLSA
On May 10, 2017, in LaCurtis v. Express Med. Transporters, Inc. (8th Cir., 2017), the Eighth Circuit Court of Appeals held that 7 passenger paralift van drivers are not exempt under the Motor Carrier Act (MCA) exemption to the Fair Labor Standards Act (FLSA), even though the vans (which are less than 10,000 pounds)
FLSA Regulations Overhaul – Appeal Delayed Again
I was presenting a “Hot Topics in Employment Law” update at our 12th Annual Labor Law Forum in Bloomington, Minnesota today, and realized that I had gotten woefully behind on staying updated as to the status of the FLSA white-collar overtime regulations overhaul. So, here it is. As of April 19, 2017, the 5th Circuit