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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PAID Wage Resolution Program Launches

With little fanfare (i.e., no announcement on its website), the Department of Labor (DOL) has launched its Payroll Audit Independent Determination (PAID) program, a voluntary initiative where companies can seek assistance in resolving wage-and-hour issues including back pay and overtime. Politico, the online magazine, claims a DOL spokesperson confirmed that PAID is launching today, April 3, […]

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SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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‘Death by Overwork’ Continues to Plague Japan

Drones flying through the office blaring music to force employees to leave work; workers being forced to don purple “shame capes” for working late — such are the latest strategies in Japan’s continuing struggle against karoshi, or “death by overwork.” That nation’s Labor Standards Act allows employers to set their own standards for overtime, meaning […]

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DOL Launches Voluntary FLSA Violations Reconciliation System

The Wage and Hour Division (WHD) of the Department of Labor (DOL)  has announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program’s primary objectives are to resolve such claims expeditiously and without […]

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DOL Revives Practice of Issuing FLSA Opinion Letters

In early January, the Department of Labor (DOL) reissued 17 opinion letters that the Obama DOL had quashed in favor of issuing broadly applicable “Administrator’s Interpretations,” two of which have now been rescinded by the Trump DOL. The 17 opinion letters regarding wage and hour issues were promulgated in the late days of the Bush […]

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