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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DOL to Hold Listening Sessions on Revamp to Overtime Rule

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has announced that in the upcoming weeks it will hold public listening sessions to gather views on the Part 541 white collar exemption regulations, often referred to as the “Overtime Rule.” Issued under the Fair Labor Standards Act (FLSA), these regulations implement exemptions from overtime […]

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DOL Begins Process of Defining Independent Contractor Status

Instructional materials, posters and guidebooks on the Fair Labor Standards Act (FLSA) and virtually every compliance issue a business could ever face are available in our online Digital Workplace Compliance Library, a vast and invaluable resource. You could be relying on it daily if you sign up for an annual compliance plan with Personnel Concepts. […]

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FLSA Turns 80 Today

On Saturday, June 25, 1938, to avoid pocket vetoes nine days after Congress had adjourned, President Franklin D. Roosevelt signed 121 bills. Among these bills was a landmark law in the nation’s social and economic development — the Fair Labor Standards Act of 1938 (FLSA). Against a history of judicial opposition, the Depression-born FLSA had […]

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California Supreme Court Ruling Could Roil the Gig Economy

When is a worker an employee and when is a worker an independent contractor? The California Supreme Court answered with verve in saying that a worker is an employee until definitively proven otherwise. In its recent Dynamex decision, the court ruled that a worker is an employee when the following three conditions exist: The entity […]

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Paid Overtime for Sleeping on the Job?

It’s an issue that California has somewhat definitively solved, but one with which the nation’s courts have struggled: If your work requires you to sleep on the job, are you thereby eligible for minimum wage, if not overtime, during your non-waking hours? A case in Connecticut involving caretakers who sleep at the homes of their […]

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DOL: Repeated Short Rest Breaks Are Not Compensable Under the FLSA

In one of three opinion letters recently published by the Department of Labor (DOL), the agency addressed the issue of whether short rest breaks — in this case, taken for 15 minutes every hour for a serious health condition — are compensable under the Fair Labor Standards Act (FLSA) and concluded that they are not. […]

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