The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues.
Working Time and...more
Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
Earlier today, the US Department of Labor published a notice of proposed rulemaking “to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit against the federal...more
On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act (VOWA) into law. Prior to this, Virginia did not have its own overtime law, which meant that only the overtime pay provisions of the federal Fair...more
In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more
On January 29, the US Department of Labor (DOL) issued a press release announcing the immediate end of its Payroll Audit Independent Determination program launched by the Department’s Wage and Hour Division (WHD) in 2018....more
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.
The cases...more
Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act...more
On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more
5/21/2020
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fluctuating Workweek ,
Hazard Pay ,
New Guidance ,
Popular ,
Re-Opening Guidelines ,
Sales Commissions
On May 18, the US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for...more
On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.ny...more
On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
According to the requestor, the employer informs its employees in advance that they will be eligible to receive a lump-sum bonus of $3,000 if they successfully complete ten weeks of training and agree to continue training for...more