FLSA

Compliance perspectives for employers in the food manufacturing industry

05/17/2023

The food manufacturing industry performs an essential function—making sure the country’s population has access to safe and plentiful food at all times. Much like mail delivery, neither snow nor rain nor heat nor gloom of night should prevent the stocking of grocery shelves.

Avoid surprise OT claims with this simple policy

05/08/2023

The Fair Labor Standards Act imposes stiff penalties on employers that cheat employees out of overtime pay. They must pay double what they should have paid in the first place. But there’s a simple way to avoid that liability: Have a policy that makes it easy for employees to report being underpaid. Then promptly investigate if someone reports not receiving the overtime pay they were expecting.

PUMP Act becomes effective April 28

04/10/2023

The PUMP Act, enacted as part of the Consolidated Appropriations Act, 2023, extends FLSA-protected unpaid lactation breaks to nursing mothers who are exempt employees. The law becomes effective April 28. The Department of Labor has already revised Fact Sheet #73 to account for this change. It’s also created some new resources ahead of the law’s effective date.

How much and when? The increase in the FLSA’s salary level for exempts is near (or not)

04/04/2023

Let’s be clear—no one knows what these regulations will contain. Nevertheless, it’s prudent to proceed as if these regulations will see the light of day next month.

New overtime rules could change duties tests in addition to salary level

03/24/2023

For over a year, the Department of Labor has been teasing the imminent release of new proposed rules raising the white-collar salary threshold that makes exempt employees eligible for overtime pay. Originally scheduled to drop in spring 2022, the update is now penciled in for May.

Extra ‘volunteer’ work can’t be paid in chicken

03/20/2023

Fast food restaurants trying to hire workers sometimes tout “free food” as an employee benefit. That doesn’t turn meal vouchers into legal tender. That’s what the Department of Labor decided when it fined a Chik-Fil-A franchise following a recent investigation.

Momentum building at state level to turn gig workers into employees

03/16/2023

New York is taking steps to join California in reclassifying gig workers as employees. Legislation currently in committee in the New York State Senate, S. 2052, looks to “reclassify more workers as employees rather than independent contractors in order for them to receive benefits such as healthcare and retirement.”

Feds announce major crackdown on child labor

03/03/2023

The U.S. Department of Labor and the Department of Health and Human Services on Feb. 27 announced a new interagency effort to combat child labor and exploitation. One of the primary tactics they will use: strict enforcement of employer compliance with the rules for completing I-9 forms.

Florida man: DOL sets sights on Sunshine State employers

02/21/2023

Feb. 16 was a bad day for Florida employers that recently ran afoul of the Department of Labor. On just that one day, the DOL announced fines and recoveries worth almost $400,000.

Consider single process for accommodations

02/16/2023

Now might be the right time to standardize your processes for handling reasonable accommodations. Two new laws requiring accommodations just went on the books.