The U.S. Department of Labor (DOL) was extremely busy with its announcements on August 28, 2018. Along with issuing 6 opinion letters, a directive, and launching a new web page (all of which I previously wrote about), it also announced the creation of not one, but two new websites, as well as the new Office
DOL Issues Opinion Letter Clarifying “Volunteering” Versus Compensable “Work”
I’m a big fan of volunteering, and am highly involved in several community groups. In one of them that I’m involved in, we frequently joke about being “voluntold” to do something (go ahead and suggest a good idea…dare you!). Yet, when is volunteering truly volunteering and not compensable work? In another of the U.S. Department
DOL: Employers Do Not Need to Pay Employees for Voluntary Wellness Activities, Biometric Screenings & Benefit Fairs
On August 28, 2018, in FLSA2018-20, the US Department of Labor (DOL) issued another opinion letter stating that the Fair Labor Standards Act (FLSA) does not require that employers pay employees to attend voluntary wellness activities, biometric screenings, and benefits fairs held during (or outside of) work hours – if some conditions are met.
Small Minneapolis Businesses – Minneapolis’ Minimum Wage Ordinance Takes Effect July 1
Small businesses (100 or fewer employees) have less than one month left until the first phase of the Minneapolis Minimum Wage Ordinance goes into effect. The Minneapolis Minimum Wage Ordinance went into effect for large business (more than 100 employees) on January 1, 2018, when the minimum wage increased to $10.00. However, as I mentioned
In Minnesota, Yes, You Can Decrease An Employee’s Rate of Pay
A question I’m often asked by employers is whether they can decrease an employee’s rate of pay. This usually comes up after the business has a reason to do so, notifies the employee, and the employee responds that it’s unlawful and they’re going to report the company to the Minnesota Department of Labor and Industry,
DOL Issues Opinion Letter Regarding Payment of Travel Time for Non-Exempt (Hourly) Employees
In one of two DOL Opinion Letters issued on April 12, 2018, the DOL clarified an extremely frequent question employers have – when to pay a non-exempt (hourly) employee for travel time (and gave me a great excuse to finally post a picture of a Jeep!). In other words, when is travel time “work”. DOL
Minnesota Considering Tip Credit Bill
As food industry businesses are well aware, in Minnesota, you cannot take a credit for tips when computing minimum wage, nor can an employer require tip pooling (Surly Brewing recently paid $2.5 Million in back wages for alleged tip pooling). In response to cities in Minnesota passing or introducing higher minimum wage ordinances (such as
US DOL Issues Bulletin Detailing Amendment to FLSA for Tip Pooling
On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act. As you may remember, earlier this year the U.S. Department of Labor (DOL) sought comments related to rescinding portions of the 2011 Obama Administration’s ban on tip-sharing arrangements (see my earlier blog here). However, the Act eliminated the issue before the
Equal Pay Act – Equal Jobs Does Not Mean Equal Titles or Equal Classifications
The Equal Pay Act (EPA) requires that all individuals are paid equally for performing the same job, regardless of gender. But what does that mean exactly? When are jobs equal? On March 21, 2018, in Berghoff v Patterson Dental Holdings, the Honorable Judge Frank ruled that jobs of males and females “need not be
DOL Announces New Self-Report Payroll Audit Independent Determination (PAID) Program
On March 6, 2018, the U.S. Department of Labor announced a new nationwide pilot program called “PAID” – Payroll Audit Independent Determination. For an initial 6 month trial period, employers can self-audit their wage and hour practices. If violations are found, an employer can voluntarily report it to the DOL’s Wage and Hour