Fair Labor Standards Act

Just a quick update (as I recognize this likely doesn’t affect many reading this blog) – on May 14, 2020, the Federal Motor Carrier Safety Administration released a final rule that updates the hours of service rules. However, the amendment neither increases driving time, nor the requirement that a 30-minute break be taken within eight

On Monday, May 18, 2020, the U.S. Department of Labor released a final rule, effective immediately, regarding retail and service industry exceptions from overtime for employees primarily paid on commissions. The new rule simply removes two (2) previous provisions which listed industries that the DOL then-viewed as having “no retail concept” or “may be

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (Families First Act or FFCRA) into law which, among other things, amends the Family Medical Leave Act (FMLA) with the Emergency Family and Medical Leave Expansion Act (EFMLA). Here is what employers need to know about Public Health Emergency Leave (“PHEL”):

  • Employees

In addition to my blog about the Emergency Family and Medical Leave Expansion Act (EFMLA), the Families First Coronavirus Response Act (Families First Act or FFCRA) also contains the Emergency Paid Sick Leave Act (EPSLA).  Emergency paid sick time (EPST) will go into effect 15 days after the Families Act is enacted – April 1,

I held off as long as possible, but it seems like we are getting inundated these past few days with wage and time off questions relating to Coronavirus – COVID-19 as it moves into Minnesota. So, below is my take on the situation, and an overview of considerations for employers. As always, be sure not

In the past week there was nothing really Earth-shattering as far as wage and hour updates, but certainly some updates to note:

  • MnDOLI issued a reminder to employers that most Minnesota employers are subject to both state and federal wage laws…employers must review both laws (and ordinances) to ensure compliance!  For example, unlike FLSA:

So this is exciting! No, really, it is! As you know, under the Fair Labor Standards Act (FLSA), the employee of one company can be found to be a “joint employee” of another, making both jointly and severally liable for that employee’s wages (and thus, overtime). Historically, whether two companies were “joint employers” was been

So probably not super exciting or applicable for many employers,  but, as I blog all things wage and hour, here you go! On January 7, 2020, the Department of Labor (DOL) released Opinion Letter FLSA2020-2, opining as to whether educational assistants paid on a per-project basis can meet either the “salary basis” or “fee basis”

On January 7, 2020, the U.S. Department of Labor issued its first Opinion Letter of the new year –  FLSA2020-1.  In this instance an employer pays employees a non-discretionary lump sum bonus of $3,000 who complete a 10 week training program and agree to continue training for another 8 weeks. However, the employee will