DOL Opinion Letter Offers Definition of Independent Contractor in Gig Economy

The  Department of Labor (DOL) announced today that it has issued a new opinion letter that addresses compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the […]

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DOL Proposes Revised Joint Employer Definition

The Department of Labor (DOL) today announced a proposed rule to revise and clarify the responsibilities of employers and joint employers to employees in joint employer arrangements. The department has not meaningfully revised its joint employer regulation since 1958. The Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint […]

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DOL Proposes Changes in Calculating What Comprises Rate of Pay

The Department of Labor (DOL) today announced a proposed rule to clarify and update the regulations governing regular rate requirements for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the “time and one-half” calculation when determining workers’ overtime rates. Under current rules, […]

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Opinion Letter Clarifies Start of FMLA Leave

According to an opinion letter issued March 14 by the Wage and Hour Division (WHD) of the Department of Labor (DOL), the clock starts ticking on Family and Medical Leave Act (FMLA) leave the moment the employee qualifies for the leave. This opinion, signed by acting WHD Administrator Keith Sonderling, runs counter to a ruling […]

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DOL Clarifies Tip Credit Rule Regarding Non-Customer Service Work

The Fair Labor Standards Act (FLSA) allows employers to pay service employees — those who receive “more than $30 a month” in tips — less than the minimum wage, provided tips plus wages match or exceed the minimum wage. This arrangement is known as a “tip credit,” whereby the employer can pay a minimum wage […]

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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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DOL Issues Four New Opinion Letters

The Department of Labor (DOL) announced today that it has issued four new opinion letters that demonstrate its commitment to providing meaningful compliance assistance to help employees understand their rights and ensure employers have the tools they need to comply with federal labor law. The letters address compliance under the Fair Labor Standards Act (FLSA) […]

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DOL Launches New Online Compliance Resources

The Department of Labor (DOL) today announced the launch of the New and Small Business Assistance and the Compliance Assistance Toolkits webpages. These new online tools assist American small businesses and workers with simple, straightforward resources that provide critical Wage and Hour Division (WHD) information, as well as links to other resources, according to the announcement of the launch. […]

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WHD Targets Hotel Industry for Compliance with H-2B Visa Program

To ensure compliance with federal wage laws, the Department of Labor (DOL) and its Wage and Hour Division (WHD) are conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the hotel industry. The initiative includes providing compliance assistance tools and information to employers and stakeholders, as […]

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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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