I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower
Continue Reading The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?
I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that
Continue Reading Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
Lately, there has been a lot of “action” from the USDOL on the thorny and misunderstood issue of travel time. The agency has just issued another Opinion Letter that addresses
Continue Reading The Impact Of Working Remotely And FLSA Compensable Travel Time: Another USDOL Opinion Letter Nugget
I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry. The employer seeking the advice posed three scenarios and
Continue Reading USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II
Often, attorneys advise clients on FLSA issues, such as exemption issues. Then, a lawsuit ensues and the employer may want to use the defense that it relied in good faith
Continue Reading Disclosure of Attorney Client Communications and the “Good Faith” Defense: You Can’t Have Your Cake and Eat It!
The USDOL has been issuing a slew of Opinion Letters of late, under the stewardship of Cheryl M. Stanton, Administrator of the Wage and Hour Division. Many of these deal
Continue Reading USDOL Issues Interesting Opinion Letter on Car Manufacturer Incentive Payments Use in Meeting Minimum Wage Requirements
As you know, I am a big believer in and proponent of using USDOL Opinion Letters, both in advising clients, understanding the agency’s view, and, more importantly, urging them on
Continue Reading USDOL Opinion Letters Drawing Fire From Courts, But I Remain a True Believer
The USDOL is busy again issuing Opinion Letters and has again turned its focus to the issue of inclusion/exclusion of bonuses into the regular rate for purposes of overtime computation.
Continue Reading USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
Under the Trump Administration, there has been a return to the issuance of
Continue Reading New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny
Continue Reading USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status