FLSA

It’s official: DOL pulls plug on joint employer, contractor regs

08/03/2021

The Department of Labor has officially rescinded two Trump administration regulations that would have redefined joint employment and the distinction between employees and independent contractors.

DOL plans to explore raising exempt overtime threshold again

08/03/2021

The Department of Labor has confirmed it is reviewing the exemptions of executive, administrative and professional employees from the overtime requirements of the Fair Labor Standards Act.

Manage FLSA basics: minimum wage and OT

07/29/2021

Managing a restaurant is tough these days. Staffing is next to impossible. Wages are rising. New covid-19 safety rules have added layers of extra costs. Those are just the new complications. But all the old requirements remain, too, such as complying with the wage-deduction and overtime rules covered by the Fair Labor Standards Act.

DOL proposes new rule on tipped worker pay

06/22/2021

The Department of Labor has floated a rule that would limit the amount of non-tip-producing work that a tipped employee can perform when an employer takes a tip credit.

Highly paid contractors may be FLSA HCEs

06/17/2021

One of the biggest risks of using independent contractors is the possibility they could challenge their status and argue they should be classified as employees. But there is a way to avoid that litigation risk: Pay those independent contractors enough so they would otherwise be classified as highly compensated employees under the FLSA.

Pay equity group alleges tip credit perpetuates racism

05/06/2021

Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

DOL withdraws Trump-era independent contractor rule

05/06/2021

The Department of Labor has withdrawn a rule issued Jan. 6 in the waning days of the Trump administration that critics say would have denied gig workers eligibility for minimum-wage and overtime pay under the Fair Labor Standards Act.

Check contractor pacts for misclassification errors

04/29/2021

The Department of Labor has launched a campaign to root out unlawful misclassification of employees as independent contractors.

Pay employees for pre-shift COVID screening

04/15/2021

To decide if you must pay employees for their pre- or post-work activities—such as putting on uniforms, waiting in a time-clock line, etc.—take a look at the Fair Labor Standards Act. The main issue is whether the pre- or post-activity is “integral” and “indispensable” to the employee’s principal activity.

No matter how small, you’re probably covered by FLSA

04/01/2021

The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.