On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-16, regarding the compensability of travel time for non-exempt (hourly) foreman and laborers. These are issue that frequently arise with construction employers, so it is nice the DOL has finally provided some additional guidance. Especially where, as the
Minimum Wage Increases: Don’t Forget to Change Payroll Settings for Minimum Wage for Travel Time and Other Activities!
I greatly suspect that everyone reading my blog is aware by now that Minnesota’s minimum wage increased January 1, 2020 ($10 for large employers; $8.15 small employers). However, for those employers who use minimum wage for certain activities (i.e. travel time) – be sure to change that rate in your payroll system as well! Also,
DOL Issues Opinion Letter Regarding Varying Average Hourly Rates for In-Home Heath Care Service Providers
Admittedly, I’m a little late blogging about this one…not sure how it escaped me. It is slightly old news, but important for home health care providers or other employers who use varying average hourly rates. The Department of Labor (DOL) issued an opinion letter on December 21, 2018 regarding the determination of minimum wage and
8th Cir. Court of Appeals: Untaxed Mileage Payments Made Under An IRS Accountable Plan May Be Wages for Purposes of the FLSA
On November 14, 2018, the Eighth Circuit Court of Appeals held in Baouch v. Werner Enterprises, Inc. that per diem travel payments made to truck drivers driving away from home at night as reimbursement for travel expenses are “wages,” even though not taxed as part of an “accountable plan” under Treas. Reg. §1.62-2(c)(2). To
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