I have commented, as many others, that the Biden USDOL will be far more employee friendly and protective of employee rights. More proof has arrived. The President has nominated David Weil to be the head official at the Wage Hour Division where he will wield tremendous influence on how the very nuanced Fair Labor Standards
Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
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 is in power. For example, under the prior administration, the agency took a pro-business stance and issued pro-business Opinion Letters on independent contractor and working
Choice of Marty Walsh As Secretary of Labor Signals Huge Pendulum Swing
I have been praising the Opinion Letters which have, of late, been issuing from the US Department of Labor because, candidly, they are displaying a business friendly attitude, or should I say, a pragmatic approach to the thorny issues employers face in the maze of USDOL regulations. Well, this may all change as President Biden
USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists
There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of the basic requirements for an employer trying to claim this exemption is that it must be in a “retail business.” Until May 2020, this was
USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II
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 wanted answers about the foremen and the laborers that also ride in the trucks. In this installment, I look at the issue of compensable time
USDOL Seeks To Kick Out Private Lawsuit Asserting It Can Do Better For Employees: Can It?
Are two lawsuits better than one? Not for the employer, I can tell you that. A very interesting case is working its way through the federal courts now, where the US Department of Labor wants to take over a private lawsuit that has been filed alleging Fair Labor Standards Act violations. The government is contending
New USDOL Independent Contractor Rule Helps Putative Employers
The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front has been on the independent contractor issue. The USDOL has taken another step now in that direction, by proposing a new rule on the classification
More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time
I have written several times about employees working from home, e.g. telecommuting, and how employers must carefully keep track of their hours to avoid unauthorized overtime. There are situations, however, that arise regarding unanticipated work and how employers should track and pay for this. The USDOL has now assisted in this endeavor, as it issued
Pre-Payment Plans: A Novel Way to Deal With Overtime Issues
The FLSA contains a number of provisions that enable employers to manage, if not reduce, overtime costs. One of these is called a pre-payment plan. Under a Pre-Payment Plan, an employer pays anticipated overtime in advance in order to maintain the employee’s wage or salary level constant from pay period to pay period. Excess payments
Payroll Audit Independent Determination Program Is a Bust… for an Obvious Reason!
When the USDOL self-reporting program was announced, I was highly skeptical. Even though there seemed to be assurances that no undue enforcement actions would be taken, it just did not seem that employers would voluntarily subject themselves to such government review. Evidently, I was right. The USDOL has announced that this voluntary compliance program, the