When a local movie theater started serving food during the movie, I was quite excited (until I realized how loud it would be while watching the movie). Yet, not once did I think about whether my server fell under the “motion picture theater” (movie theater) exemption to the Fair Labor Standards Act (FLSA)…nor had I
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.
US Department of Labor to Hold Public “Listening Sessions” Regarding Proposed Overtime Rule
The U.S. Department of Labor (DOL) has not forgotten about the proposed overtime regulation overhaul, though it’s been a bit sleepy on this issue this past year since its July 26 2017 Request for Information. On August 28, 2018, the DOL announced it will hold five “listening sessions” (none in Minnesota- the closest
DOL Issues Opinion Letter Regarding Compensation of Frequent Breaks for Serious Health Condition Under FMLA
On April 12, 2018, the U.S. DOL issued Opinion Letter FLSA2018-19 regarding the compensability of frequent breaks. As the DOL notes, most employers provide employees a 20 minute (or less) paid break in the morning, a 30 minute (or more) unpaid lunch break, and 20 minute paid afternoon break. In this case, several employees had
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
Department of Labor Publishing Overtime Overhaul Request for Information on July 26, 2017
The United States Department of Labor announced today that, as indicated in the 5th Circuit Appeal recently, it will be publishing a new Request for Information (RFI) concerning the overtime regulations (technically, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”) tomorrow. The July 26, 2017 RFI will seek public
US Department of Labor Drops Overtime Thresholds – States Its Intent to “Revisit” the $913 Per Week Threshold With New Rulemaking
On June 30, 2017, the Department of Labor filed its reply brief with the 5th Circuit Court of Appeals. A copy of the brief can be found here. Thus, the Texas lawsuit that has put the overtime regulations overhaul on hold nationwide, is now in the hands of the 5th Circuit. Any question as
U.S. Department of Labor Issues New Fact Sheet for Treatment of Bonuses for Exempt White Collar Employees
The U.S. Department of Labor (DOL) has recently issued a new Fact Sheet – Treatment of Bonuses for Exempt White Collar Employees. As with any fact sheet, the sole purpose is to attempt to make its unclear regulations clear, without changing or interpreting the regulations. That being said, they are often helpful (though also