In the 6th letter of 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2019-6, which analyzes whether a worker is an employee or independent contractor. While opinion letters are specific to the employer that has sought the letter, they provide useful insight for all employers. In this opinion letter, the DOL states
DOL Issues Proposed Rule Clarifying “Joint Employer” Under Four Part Test
On April 1, 2019, the DOL issued a Notice of Proposed Rulemaking (NPRM), relating to whether two or more entities are “joint employers” for purposes of the Fair Labor Standards Act (FLSA). This arrangement becomes significant when determining overtime for an individual who does not work overtime at either employer, but combined, does (and thus,
DOL Proposes Changes to the FLSA “Regular Rate” – Notice of Proposed Rulemaking Issued
On March 29, 2019, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) under the Fair Labor Standards Act (FLSA). The proposed rules will clarify for employers what types of compensation must be included when determining an employee’s “regular rate” in order to determine the overtime rate. This is a conversation
When Is Volunteering “Work” that Must Be Paid? DOL Issues Another Opinion Letter Detailing Volunteering Compensation
The U.S. Department of Labor has issued yet another opinion letter sorting out when an employee need not be paid while volunteering. DOL Opinion Letter FLSA2019-2 was one of three letters issued on March 12, 2019. In this case, an employer inquired whether an employee’s time spent in its optional volunteer program was compensable as
DOL Issues Opinion Letter Regarding Conflicts Between State and Federal Law Overtime Laws & 2 v 3 Year Statute of Limitations
On March 14, 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2019-1. In this situation, an employer asked whether the FLSA applies when its employees (live-in superintendents and residential janitors) are exempt from state law overtime. The DOL confirmed what I’ve posted about several times:
When a federal, state, or local minimum
DOL Announces Proposed New Overtime Rules – $35,308 Will Be the New $23,660
The day we’ve all been waiting for has arrived! Perhaps not quite that exciting, but the U.S. Department of Labor has finally issued its Notice of Proposed Rulemaking, its second attempt at updating the Fair Labor Standard’s Act’s (FLSA) so-called “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. As I’m sure
DOL Issues Opinion Letter Regarding Varying Average Hourly Rates for In-Home Heath Care Service Providers
Admittedly, I’m a little late blogging about this one…not sure how it escaped me. It is slightly old news, but important for home health care providers or other employers who use varying average hourly rates. The Department of Labor (DOL) issued an opinion letter on December 21, 2018 regarding the determination of minimum wage and
Wage and Hour Preparations for the New Year
As 2018 comes to a close, it is a great time for employers to address lingering issues that have been on the back burner and start “fresh” in the new year. A new year is a great time to roll out changes for both administration purposes and for employees; new year, new policies. Here are
Holiday Pay Considerations – Overtime and More
With Thanksgiving tomorrow and Christmas right around the corner, employees start to question holiday time off and pay (or lack thereof). In Minnesota, there is no requirement that employers provide certain days off, with or without pay. Accordingly, employers just need to follow their policy (best practices – have it written), whatever it is. If
DOL Issues Opinion Letter Regarding “Guaranteed Salary” & “Usual Earnings”
On November 8, 2018, the DOL issued Opinion Letter FLSA2018-24, addressing the question of when additional payments to an exempt employee based on an hourly, daily or shift basis defeats the professional exemption. In short, an exempt employee may have a “guaranteed salary”, but then also receive additional compensation on an hourly, daily, or