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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DOL Rewrites Another Obama-Era Rule, This One for Interns

During the Obama presidency, the Department of Labor (DOL) devised a six-part test to determine whether an intern is really just that or more like an employee-in-disguise working for free. Part of that test required that the employer receive “no immediate advantage from the activities of the intern,” a rule that several appellate courts found […]

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DOL Seeks Comments on Revising Its Tip Pool Regulations

The Department of Labor (DOL) is proposing to revise the agency’s 2011 tip pool regulations to allow the sharing of tips with back-of-the-house employees provided everyone is paid the minimum wage. It has published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, in which it states the agency is  “proposing to rescind the parts […]

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