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FLSA

As states relax child-labor laws, beware! Feds could still sue

09/15/2023
In an economy defined by labor in short supply, many employers may be tempted to hire more underage workers in order to remain fully staffed. That can be legally risky! Those employers may face scrutiny from the U.S. Department of Labor—and they could trigger backlash (and additional liability) if young workers are injured or harassed at work.

Public comments on proposed OT rule accepted until Nov. 7

09/11/2023
The Department of Labor’s proposed rule raising the white-collar overtime salary threshold was published in the Federal Register on Sept. 8.

DOL rule would raise OT salary threshold to $55,068

08/31/2023
The Biden administration on Aug. 30 proposed a new rule increasing the white-collar overtime salary threshold to $55,068, a 55% increase over the current threshold of $35,568. Practical impact: Exempt administrative, executive and professional employees who earn less than $55,068 per year ($1,059 per week) must receive overtime pay if they work more than 40 hours in a workweek.

Using tip credit to pay employees? Follow DOL’s 80/20 rule

08/21/2023
How should you pay employees who receive tips but also perform other non-tipped work? That’s where the Department of Labor’s 80/20 tip-credit rule comes into play.

Class-action risk: Comply now with PUMP Act

08/16/2023
The PUMP Act gave employees the right to sue their employers in federal court if they were denied milk expression breaks in a private location that’s not a bathroom. Now, just months later, the first PUMP Act lawsuit has been filed, on behalf of all similarly situated employees of the U.S. Postal Service.

Dumping pennies in the driveway leads to even more FLSA charges

06/26/2023
Don’t tick off the Department of Labor’s Wage and Hour Division. That’s the lesson learned the hard way by A OK Walker Autoworks of Peachtree City, Ga.

They didn’t seriously argue that, did they? Religion in the kitchen stirs the DOL to action

06/21/2023
Religion in the workplace is a touchy matter. What if your boss brought in a priest and encouraged everyone to confess their sins? What if you weren’t Catholic? It’s not a hypothetical question. An employee of a California restaurant testified that his employer brought in a person identified as a priest to hear their confessions during work hours.

New overtime rule pushed back to August as Su’s labor secretary nomination stalls

06/15/2023
The wait continues for the Department of Labor to release its much-delayed final overtime rule. A June 14 notice by the federal Office of Management and Budget said the rule won’t be published before August.

DOL wins largest FLSA verdict ever! $22 million for unpaid showers

06/12/2023
The Department of Labor has just won the largest Fair Labor Standards Act verdict in its history. A jury awarded a group of workers $22 million for the time they spend showering after their work shifts.

DOL continues crackdown on fast-food violations of child-labor laws

06/05/2023
The U.S. Department of Labor is turning up the heat on fast-food businesses that expose teenage workers to dangerous conditions and try to thwart investigations of alleged child-labor law violations.