DOL Issues Holiday Warnings to Employers

The Occupational Safety and Health Administration (OSHA) and Wage and Hour Division (WHD) of the Department of Labor (DOL) remind employers to protect worker safety and pay during the holiday season. “During the busy holiday season, employers must focus on protecting their workers by anticipating and preventing potential hazards in the workplace,” said Principal Deputy […]

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DOL Issues Fluctuating Work Week Proposal

The Department of Labor (DOL) and its Wage and Hour Division (WHD) today announced a Notice of Proposed Rulemaking (NPRM) that would allow job creators to offer bonuses or other incentive-based pay to employees whose hours vary from week to week. The proposal would revise the regulation for computing overtime compensation for salaried, non-exempt employees who […]

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DOL’s PAID Program Nets 7,500 Employees Back Wages

Since its launch as a trial initiative in April 2018, the Payroll Audit Independent Determination (PAID) program of the Department of Labor (DOL) has witnessed 74 employers voluntarily step forward to award back wages to some 7,500 employees to the tune of $4 million. PAID is an employer self-audit program. If a company audit turns […]

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DOL Seeks Comments on Proposed Changes to FMLA Forms

The Department of Labor (DOL) and its Wage and Hour Division (WHD) are seeking public comments through Oct. 4 on proposed changes to the forms used for Family and Medical Leave Act (FMLA) leave. According to the DOL, the goal in revising the forms is to increase compliance with the FMLA, improve customer service, and […]

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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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