News & Analysis as of

Compensation & Benefits Department of Labor (DOL) Employer Liability Issues

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Carlton Fields

Auto-Portability Providers Racing to Close Retirement Plan Gap

Carlton Fields on

For decades, both the federal and state governments have been working to tackle the coverage gaps in our retirement system. In the race for retirement readiness, dark horses like state plans with mandatory adoption...more

Snell & Wilmer

Donning the Plan, Forgetting the Top Hat: A Common Oversight in ERISA Compliance

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When drafting a deferred compensation plan or agreement for a key employee (a “top hat plan”), the focus is almost always on the terms of the plan. In the process, many employers miss a crucial step—filing the top hat...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

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On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

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The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Littler

Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals

Littler on

On January 4, 2023, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.  Typically, these semi-annual agendas are issued in the spring and fall and outline...more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

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Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

McAfee & Taft

New DOL guidance on non-discretionary bonuses and per-project pay

McAfee & Taft on

On January 7, 2020, the Department of Labor’s Wage and Hour Division (DOL) released two opinion letters providing guidance for dealing with issues arising under the Fair Labor Standards Act (FLSA). While DOL opinion letters...more

Epstein Becker & Green

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

Epstein Becker & Green on

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more

Seyfarth Shaw LLP

It’s All About Those Rates (Part I): Basic Rate of Pay

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Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more

Franczek P.C.

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

Franczek P.C. on

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees....more

Epstein Becker & Green

Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux)

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In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those...more

FordHarrison

How Many Benefits are Included in the Calculation of Regular Rate? The World May Never Know

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On March 28, 2019, the Department of Labor (“DOL”) issued a lengthy and detailed Notice of Proposed Rulemaking (“NPRM”) to revise the regulations governing how employers should calculate “regular rate” under the Fair Labor...more

Polsinelli

DOL Issues Guidance on Compensability of Company-Sponsored Volunteer Work

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Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter....more

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 1 of 3)

Last July, we posted on the U.S. Department of Labor’s announcement that it was reviving its practice of publishing opinion letters as guidance on wage and hour issues, which the Obama Administration halted in 2010. After...more

Fisher Phillips

Equal Pay For Equal Work: Washington Updates Equal Pay Act For The First Time In Over 70 Years

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With heightened attention on gender-based workplace discrimination, Washington recently passed new legislation that creates additional pay equity requirements for Washington employers. Signed into law by Governor Jay Inslee...more

Laner Muchin, Ltd.

Fifth Circuit Holds That Meal Breaks May Be Compensable If Employer-Mandated Transition Time Significantly Eats Into Employees'...

Laner Muchin, Ltd. on

The U.S. Department of Labor’s regulations generally provide that employers are not required to pay employees for “bona fide” meal breaks that ordinarily last at least 30 minutes, but rest periods of short durations, running...more

Proskauer - Government Contractor Compliance...

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal...more

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