Fair Labor Standards Act

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

On December 16, 2019, the U.S. Department of Labor published a Final Rule clarifying whether certain benefits and other payments must be included in the “regular rate” for purposes of overtime pay. I’ve posted about this numerous times (one recently). Recall, a “discretionary bonus” must truly be discretionary in order for an employer to

Except or Non-Exempt?  That is the question (which should not be answered by eenie-meenie-miney-mo)!  The U.S. Department of Labor (“DOL”) issued its Final Rule today (September 24, 2019) regarding the overtime exceptions under the so-called “white collar” exemptions.  As you may recall, the DOL previously issued a final rule in May 2016, but that rule

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,

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