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DOL Plans Changes to Child Labor, Regular Pay Rate and More

Date:: May 14, 2018

A new regulatory agenda shows the US Department of Labor (DOL) intends to make changes to rules involving child labor, the regular rate of pay, the salary threshold for overtime-exempt employees, the minimum wage tip credit and more.

California Supreme Court Establishes Employee-Friendly Independent Contractor Test

Date:: May 1, 2018

In Dynamex Operations West v. The Superior Court of Los Angeles County, the California Supreme Court established an employee-friendly "ABC test," under which a worker will be considered an employee under California's wage orders unless the hiring entity can show that three criteria are met.

DOL Issues Opinion Letters on Rest Breaks, Travel Time and Garnishments

Date:: April 17, 2018

The US Department of Labor opined about how to ascertain travel time by employees without regular working hours, whether frequent rest breaks required by a "serious health condition" are compensable, and which types of lump-sum payments are "earnings" subject to garnishment limits.

DOL Tries to Clear Up Confusion About FLSA Tip Credit

Date:: April 11, 2018

As an enforcement policy, the US Department of Labor (DOL) will use the duties test for executive employees to determine whether an employee is a manager or supervisor.

Workers Owed Overtime Whether Paid by Piece or by Hour, DOL Settlements Show

Date:: April 6, 2018

Following an investigation by the US Department of Labor, 11 roofing companies in Florida recently agreed to pay about $1,000 to each of their 259 employees who had been paid a piece rate without regard to the actual number of hours they had worked.

Supreme Court Ruling Could Broaden FLSA Overtime Exemptions

Date:: April 2, 2018

In Encino Motorcars, LLC v. Navarro, the Supreme Court rejected a narrow interpretation of Fair Labor Standards Act exemptions in favor of a broader reading that includes auto dealership service advisors.

Omnibus Budget Bill Amends FLSA Tip Provisions

Date:: March 29, 2018

An amendment to the Fair Labor Standards Act (FLSA) in the omnibus budget bill prohibits employers, including managers or supervisors, from keeping any part of tips received by employees for any purpose, regardless of whether the employer takes a tip credit.

WHD Announces Pilot Program to Resolve Minimum Wage, Overtime Violations

Date:: March 8, 2018

The US Department of Labor's Wage and Hour Division has announced a new pilot program, the Payroll Audit Independent Determination (PAID) program, to expedite resolution of inadvertent minimum wage and overtime violations.

Gig Worker Found to Be Independent Contractor in First-of-Its-Kind Ruling

Date:: February 14, 2018

Lawson v. GrubHub appears to be the first ruling involving gig workers who perform on-demand work facilitated by a digital platform.

Minimum Wage Credit for Board and Lodging Leaves No Room for Profit, 4th Circuit Rules

Date:: January 29, 2018

The actual cost of operating and maintaining a room, not market value, determines how much of a minimum wage credit an employer may claim, the 4th Circuit Court of Appeals ruled in Balbed v. Eden Park Guest House.

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