Here we go again! On August 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to raise the minimum salary threshold requirement for employees to be exempt from minimum wage and overtime provisions under the Fair Labor Standards Act (FLSA). You may recall my 2016 blog post when the DOL issued
Overtime
Minnesota Cannabis Dispensary Wage and Hour Issues – How to Pay Employees
Unless you’ve been hiding under a rock, you know that in just a few short weeks, August 1, 2023, recreational cannabis (marijuana) will be lawful in Minnesota (under state law). However, recent news has also highlighted the fact that it may take up to 18 months for new cannabis dispensaries to obtain a license to…
MN DOLI Provides Home Health Care Providers With Wage Guidance Webpage
If you are a home health care provider (personal care attendants, community first service and support workers), the Minnesota Department of Labor & Industry (MNDOLI) has created a new webpage for information related to employment practices in your industry. This includes a general video on:
- Overtime (follow federal (40+ hrs/wk) and state law (48+ hrs/wk)
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DOL Settles Another Home Healthcare Company Overtime Violation for Only Paying Straight Time
On August 5, the U.S. Department of Labor (DOL) announced it has settled yet another matter whereby a Golden Valley, MN home healthcare business paid only straight time to its employees regardless of how many hours they worked. In this case it was related to skilled nursing, private duty, personal aide and therapy services. In…
Another DOL 180… Who is a Joint Employer Now?
Great Scott! In another Department of Labor (DOL) reversal of its own rulemaking during the Trump Administration, the Final Rule, Joint Employer Status Under the Fair Labor Standards Act, which had gone into effect (and I wrote about here) March 16, 2020, has been rescinded. Effective September 28, 2021 [UPDATE: October 5,…
DOL Fines Another Home Healthcare Company for Overtime Violations
On July 1, 2021, the U.S. Department of Labor (DOL) issued yet another press release regarding recovery (this time $1.5 million) of back wages for 242 home healthcare workers (this is not a MN employer, but this is a nationwide DOL effort). In this instance, according to the DOL, the employer paid straight-time wages for…
DOL: All Journalists May Qualify for FLSA Creative Professional Exemption from Overtime
In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires,…
DOL: Temporary Staffing Firms May Qualify for Retail or Service Establishment FLSA Overtime Exemption
Here’s one I didn’t see coming – the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2021-6 today, along with three others (see my other blog posts), which concluded that staffing firms that recruit, hire, and place employees on temporary assignments with clients may qualify as a “retail or service establishment” for purposes of an…
DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer
On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the administrative exemption. These employees have at least a bachelor’s degree in a life science (or…
How to Calculate the Regular Rate for an Employee Paid on a Piece-Rate Basis
On November 30, 2020, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2020-17, concerning how to calculate the regular rate of an employee paid on a piece-rate basis. In this situation, the employees are warehouse unloaders, and are paid based on the number and types of trucks they unload. Some of them have…