The U.S. Labor Department's Wage and Hour Division is "reach[ing] out" to educate retail workers about their FLSA rights.
The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the FLSA's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in domestics".
Even though regulatory changes in these exemptions are now in effect, the U.S. Labor Department says that it will not bring any enforcement actions for a 30-day period following the date that the District of Columbia U.S. Court of Appeals issues its mandate to the lower federal court.
The U.S. Court of Appeals for the District of Columbia Circuit held that the USDOL acted within its statutory authority with respect to its new "companionship" exemption regulations to the dismay of third-party employers.
U.S. Wage and Hour Division Administrator David Weil has announced that he will soon release an Administrator Interpretation intended to clarify who is and is not an independent contractor under the FLSA.
Employers are permitted to take cost-control concerns into account in designing a variety of new pay plans for employees who become non-exempt as the result of revisions in the U.S. Labor Department's exemption regulations.
Management should be thinking NOW about alternative ways to pay employees who become non-exempt as the result of revisions in the U.S. Labor Department's exemption regulations.
Does the FLSA require an employer to justify treating an exempt employee as non-exempt?
U.S. Wage and Hour Administrator David Weil has said that the Wage and Hour Division will not resume the practice of issuing opinion letters in response to questions about FLSA compliance.
The FLSA's Section 7(i) might provide an alternative for retailers for whom the coming "white collar" exemption revisions present difficulties.