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,
Continue Reading More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time
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
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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
Continue Reading Payroll Audit Independent Determination Program Is a Bust… for an Obvious Reason!
USDOL Raking It in for Underpaid Employees: Is This the Promised Positive Change Towards Business?
There has been a lot of talk about how much more pro-business the U.S. Department of Labor was going to be under this Administration. Well, appearances can be deceiving, as
Continue Reading USDOL Raking It in for Underpaid Employees: Is This the Promised Positive Change Towards Business?
The USDOL And The Joint Employer Doctrine: The Saga Continues
The USDOL has proposed a new cut-down (watered down?) test for determining when entities are a joint employer. Such a finding leads to the aggregating of employee hours which are
Continue Reading The USDOL And The Joint Employer Doctrine: The Saga Continues
New FLSA Exemption Salary Level Set at $35,000
We have been waiting for the United States Department of Labor to announce its plan for toning down the overtime rule revisions implemented in the last administration, but stayed by
Continue Reading New FLSA Exemption Salary Level Set at $35,000
Will New USDOL Compliance Office Help or Hurt Employers?—Time Will Tell
There is an old saying, “I’m from the government and I’m here to help you.” Everybody thinks that is funny as, often, the opposite is true, especially for the employer
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Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
The issue of who is and who is not an independent contractor has exploded on the legal scene in recent years. Many agencies are honing in on this topic and
Continue Reading Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change…
I am a big believer in advice from the U.S. Department of Labor. I have applauded the re-introduction of opinion letters and I welcome any published guidance (on any subject)
Continue Reading USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change…
Another USDOL Car Wash Lawsuit Highlights The Issues In That Industry
The car wash industry is one that is subject to many alleged wage-hour issues (some might say abuses). A recent case illustrates this maxim. A car wash has just settled
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