Ogletree Deakins keeps employers prepared.

In 2019, the U.S. Department of Labor (DOL) unveiled three major initiatives: (1) the new overtime proposal, which would update the salary thresholds according to which workers are entitled to overtime compensation; (2) the regular-rate proposal to clarify what forms of payments must be included (or excluded) for purposes of calculating workers’ overtime pay; and (3) the joint-employer proposal to amend the existing regulations regarding joint employment under the Fair Labor Standards Act. Ogletree Deakins’ FLSA Solutions Center is intended to provide the latest news concerning these initiatives and to provide additional resources for employers in these and other important wage-and-hour areas.

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

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.

DOL’s WHD Regulatory Reforms in the Home Stretch

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.

No Fooling: DOL Announces Joint-Employer Proposal

On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA). This is no April Fools’ Day joke, as a joint employer is jointly and severally liable with the employer for all wages due to the employee under the FLSA.

FAQs About the DOL’s Proposed Regular Rate Requirements

On March 28, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would update and clarify regular rate requirements. Specifically, the proposed rule lists perks and benefits, such as unused paid leave and reimbursed expenses that employers can exclude when calculating an employee’s regular rate of pay. This article provides concise answers to employers’ frequently asked questions about the proposed rule.

Part 541 Overtime Rule, Round 2: How the New NPRM Differs From the 2016 Proposal

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).

Department of Labor Applies Ministerial Exception Under the Fair Labor Standards Act

The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor Standards Act (FLSA) based on the ministerial exception and, as an additional reason, because the members did not expect compensation for the work performed.

Exempt Employees: What Is the Reasonable Relationship Test and When Does it Exist Between Weekly Salary and Usual Earnings?

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.

WHD Conducts Final Listening Session on Part 541 Regulations, Announces March 2019 Target Date for NPRM

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.