On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off is not part of an employee’s salary. Therefore, the employer did not compromise employees’ exempt status under the Fair Labor Standards Act when it reduced their accumulated PTO for failing to meet performance objectives.
On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes into effect on August 7, 2020.
On March 9, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division posted a helpful guidance for employers addressing some of the issues they are likely contemplating with respect to employee wages in different COVID-19 scenarios. “COVID-19 or Other Public Health Emergencies and the Fair Labor Standards Act Questions and Answers” offers answers to a number of questions related to emergencies generally under the federal wage and hour laws. Here is what you need to know.
On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act of 1993.) These opinion letters are the first of the new year and a new decade.
In a development sure to be welcomed by employers, the U.S. Department of Labor (DOL) issued revised regulations allowing employers to more easily offer perks and benefits to their employees without affecting the employees’ overtime rates. The revised regulations were published on December 16, 2019, in the Federal Register and will be effective on January 15, 2020.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent schedules that result in workweeks with varying hours of work.
The new overtime rule, which the U.S. Department of Labor (DOL) announced on September 24, 2019, was published in the Federal Register on Friday, September 27, 2019.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
In its final part 541 overtime rule, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) set the salary level or amount test at $684 per week/$35,568 per year for exempt executive, administrative, and professional employees of section 13(a)(1) of the Fair Labor Standards Act (FLSA).
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a football game or moving into the latter innings of a baseball game. In both sports, time and opportunity become critical for the team that wants to win but is not ahead. Regardless of your preferred game, as the November 3, 2020, elections draw closer (less than 440 days away), the WHD has been very busy in the regulatory realm under Wage and Hour Administrator Cheryl Stanton and Acting Secretary of Labor Patrick Pizzella.
Slightly more than two weeks after it announced its notice of proposed rulemaking (NPRM) to revise the part 541 overtime exemption regulations, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published the NPRM in the Federal Register (84 Fed. Reg. 10900) on March 22, 2019.
On March 14, 2019, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued two new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA).
On March 7, 2019, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced the release of its Notice of Proposed Rulemaking (NPRM) to revise the regulations defining who is an executive, administrative, professional, outside sales and computer employee exempt from the overtime and minimum wage protections of the Fair Labor Standards Act (FLSA).
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On March 7, 2019, the U.S. Department of Labor (DOL) unveiled its new overtime proposal in a Notice of Proposed Rulemaking (NPRM), which would update the salary thresholds according to which workers are entitled to overtime compensation.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review.
On December 21, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released an opinion letter, FLSA2018-28, in which it addresses minimum wage and overtime pay requirements for employees with varying average hourly rates.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
As of December 20, 2018, media reports indicate that President Trump does not intend to sign the stopgap funding bill that the U.S. Senate recently passed. If it is left unsigned, the risk of a partial government shutdown increases dramatically.
In Opinion Letter FLSA 2018-25, issued on November 8, 2018, Bryan L. Jarrett, the acting administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), addresses the requirement in 29 C.F.R. Section 541.604(b) that a “reasonable relationship” exist between an exempt employee’s guaranteed amount paid on a salary basis and the amount actually earned by the employee.
On August 27, 2018, the U.S. Department of Labor (DOL) announced that it would be conducting a series of listening sessions in various cities across the United States to solicit feedback on the overtime rule. The DOL, which plans to update the Fair Labor Standards Act’s Part 541 white collar exemption regulations, held sessions open to the public in Atlanta, GA; Seattle, WA; Kansas City, MO; Denver, CO; and Providence, RI throughout September. On Wednesday, October 17, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) conducted its last public listening session to solicit views and opinions on the Part 541 overtime or white-collar regulations.
On August 28, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released six opinion letters—four involving the Fair Labor Standards Act (FLSA) and two involving the Family and Medical Leave Act (FMLA).
As the Fair Labor Standards Act (FLSA) turns 80, it presents a timely opportunity to acknowledge its impact and call for its modernization. Signed into law on June 25, 1938, the FLSA was part of the New Deal championed by President Franklin D. Roosevelt and Secretary of Labor Frances Perkins, among many others. The law, which took effect on October 24, 1938, established a federal minimum wage of 25 cents per hour, provided for a maximum workweek of 44 hours before overtime pay was required, and prohibited oppressive child labor.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a PAID portal on the DOL’s website.
In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from overtime under section 213(b)(10)(A) of the Fair Labor Standards Act (FLSA). The sole question before the Court was whether a service advisor is a salesman who is “primarily engaged in . . . servicing automobiles.”
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
