U.S. Department of Labor (USDOL)

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

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

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

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

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

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

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