When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer,
Continue Reading The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!
First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel
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Renaissance of USDOL Opinion Letters Is An Encouraging Development
Continue Reading Renaissance of USDOL Opinion Letters Is An Encouraging Development
Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor
Continue Reading Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
I have recently blogged about new exemption regulations being proposed. Well, that is not the only regulatory initiative coming down the pike. The USDOL is about to release guidance on
Continue Reading USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
Security Officers Found To Be Exempt Employees: An Interesting Twist
It is often difficult to claim that security officers are exempt from overtime under the Fair Labor Standards Act. However, in a recent federal lawsuit, four officers who were employed
Continue Reading Security Officers Found To Be Exempt Employees: An Interesting Twist
The Demise Of The DOL Opinion Letter
Recently, the United States Department of Labor (“DOL”) issued a white paper or a formal position statement on exemption issues in the financial services industry. I wrote about that in
Continue Reading The Demise Of The DOL Opinion Letter
Lunch Time Can Be Work Time: Employers Beware!
I have encountered a number of cases where employees do not, whether unintentionally or otherwise, work through their lunch hours (or half-hours) and then later claim they are owed wages
Continue Reading Lunch Time Can Be Work Time: Employers Beware!