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Wage and Hour Laws Blog

The public comment period for the USDOL's proposed rescission of the 2011 tip regulations has closed. Regardless of where data and "fairness" concerns might lead one, the fundamental legal issue is that the agency's authority does not extend to circumstances where an employer is not taking the tip credit.

The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.

Technological advances in payroll practices might be desired by both employers and employees, but an employer should give careful consideration as to how it will address the variety of legal restrictions and administrative burdens these advances could implicate.

The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.

Ringing in 2018, the U.S. Department of Labor is increasing the maximum civil money penalties available for certain FLSA violations.

The U.S. Department of Labor projects that no proposed changes in the 2016 compensation revisions affecting the FLSA's "white collar" exemptions will be forthcoming before October 2018.

The U.S. Department of Labor has now proposed regulatory revisions that would in effect rescind the prior administration's tip-retention restrictions as to employers who do not rely upon the FLSA tip-credit.

Once upon a time, a seriously-alarmed legislative body concluded that wage-hour claims and litigation had gotten out-of-hand . . .

Indications are that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the FLSA "white collar" exemption regulations' compensation thresholds.

A recent court decision reaffirms that properly-handled recoupments of minimum-wage supplements advanced against future commission earnings are lawful under the FLSA.

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