The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive, Administrative, and Professional exemption (“Professional Exemption”) […]
Category: DOL News
Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
January 4, 2021
The Department of Labor (“DOL”) released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act (“FLSA”) and whether […]
DOL’s Joint Employer Test Ruled Illegal
September 11, 2020
On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for determining […]
DOL Broadly Defines When a Summer Camp or Program is a Child’s Place of Care for FFCRA Leave
June 30, 2020
In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus Response Act (FFCRA) leave based on […]
DOL Withdraws Industry Lists from its Retail or Service Establishment Exemption Interpretative Rule
May 27, 2020
I believe most would agree, the Department of Labor’s (DOL) interpretative guidance typically provides useful insight to employers navigating often tricky wage and hour laws. This was not the case with the DOL’s decades-old guidance regarding whether an employer was […]
The U.S. Department of Labor (DOL) has issued a final rule under the Fair Labor Standards Act (FLSA) expressly authorizing employers to offer bonuses, hazard pay, and other premiums to employees whose hours, and regular rate of pay, vary from […]
DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek
November 5, 2019
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. Background For those not familiar with the […]
DOL Proposes $35,308 Minimum Salary For Exempt Employees
March 7, 2019
Earlier today (March 7, 2019), the U.S. Department of Labor announced new proposed regulations (.pdf) that would increase the minimum salary for employees to qualify for the Executive, Administrative, and Professional exemptions under the Fair Labor Standards Act to $679 per […]