New Employer Guidance Released on COVID-19 Testing, Leave, and Salary

On July 20th, 2020, the U.S. Department of Labor (DOL) published additional COVID-19 guidance for employers on how the requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) affect workplaces as they reopen during the global coronavirus pandemic. The newly updated […]

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DOL Issues Five New  Wage & Hour Opinion Letters

On June 25th, 2020, the U.S. Department of Labor (DOL) announced the publication of five new wage & hour opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the DOL’s Wage and Hour Division (WHD) on how a particular law applies […]

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Final Rule on Joint Employer Status Takes Effect on March 16th, 2020

On January 20th, 2020, the U.S. Department of Labor (DOL) released a final rule that interprets joint employer status under the Fair Labor Standards Act (FLSA). The final rule provides updated guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual or entity, including guidance […]

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Chipotle Fined $1.3 Million for Child Labor Violations

Fast casual chain Chipotle has agreed to pay $1.3 million in fines for child labor violations in Massachusetts. The fine caps a three-year investigation following a complaint by a parent whose kid was forced to work “well past midnight.” In the course of the investigation, the state’s attorney general’s office discovered more than 13,000 child […]

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McDonald’s Not a Joint Employer, Court Finds

In  a case with potentially sweeping implications for franchise operators everywhere, the 9th U.S. Circuit Court of Appeals — arguably the most liberal in the country — sided today with corporate behemoth McDonald’s against employees claiming it was responsible for what its franchisees did on the wage-and-hour front, ruling that it was not a joint […]

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Marijuana Workers Entitled to Protections of FLSA, Court Affirms

The U.S. 10th Circuit Court of Appeals in Colorado has ruled that workers in the marijuana industry, which is legal in that state, are covered by the Fair Labor Standards Act (FLSA), even though marijuana is still illegal under the federal Controlled Substances Act (CSA). The case the justices heard involved an argument by a […]

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DOL Sends Joint Employer Proposal to the White House

The Department of Labor (DOL) has sent a proposal on defining a joint employer relationship to the White House and its Office of Management and Budget (OMB), signaling that a Notice of Proposed Rulemaking (NPRM) will soon follow. According to the Wall Street Journal, the proposal will set a “high bar” for establishing a joint […]

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DOL Publishes Online Guide to FLSA

The Department of Labor (DOL) today announced the launch of an enhanced electronic version of its Handy Reference Guide to the Fair Labor Standards Act (FLSA). This new online version of one of the most popular publications of the Wage and Hour Division (WHD) is designed to assist American employers and workers with a simple, easy-to-follow […]

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Take Me Out to the Ballgame — Just Not at Minimum Wage

Major League Baseball (MLB), which last year got Congress to pass a measure exempting major leaguers from the protections of the Fair Labor Standards Act (FLSA) during the regular season, is now lobbying Arizona legislators for equal protection from the law for spring training ballplayers. The federal law — dubbed Save America’s Pastime Act — […]

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DOL Releases New Opinion Letters Regarding FLSA, FMLA

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today announced it has issued six new opinion letters, which it says “demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws.” […]

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