Rounding of time is nothing new. For payroll simplicity, employers have rounded time up and down for decades, beginning when we actually put a timesheet into a punch clock to “punch the time” (yes, I did!). To that extent, the US Department of Labor (DOL) has long permitted employers to round the times employees “clock

On October 13, 2022, the U.S. Department of Labor (DOL) released a proposed new rule regarding the classification of independent contractors under the Fair Labor Standards Act (FLSA). If enacted, the rule will narrow the definition of “independent contractor”, having significant implications for workers and employers.

Background

In January 2021, the DOL (under President Trump)

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

*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.

As I blogged about a few months ago, on September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an

On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-15 regarding compensation under the Fair Labor Standards Act (FLSA) for time employees spend attending voluntary training programs such as outside, ongoing continuing education classes (CEUs). The employer at issue is a non-profit hospice care provider with clinical

On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an “independent contractor”. In short, the proposed rule uses the “economic reality” test as the basis for whether a worker is

On May 20, 2020, the U.S. Department of Labor (DOL) published its final rule allowing employers to pay bonuses and incentives to employees who are paid a salary plus overtime on the fluctuating workweek method (FWM) of computing overtime (employees who are paid a salary whether they work few hours or many, plus 1/2 overtime