USDOL has finally clarified the so-called “20% Rule” limiting the use of the FLSA tip credit even with respect to individuals qualifying as “tipped employees”, and revised the Field Operations Handbook accordingly.
The USDOL recently announced that it will continue its Payroll Audit Independent Determination (PAID) program, and wasted no time beginning its efforts to further educate employers and attorneys about the benefits of the program.
USDOL's Payroll Audit Independent Determination (PAID) pilot program is meant to provide employers with the framework to proactively resolve potential FLSA claims. Nonetheless, on the whole, it seems that the benefits and risks are not particularly distinguishable from an investigation.
Once upon a time, a seriously-alarmed legislative body concluded that wage-hour claims and litigation had gotten out-of-hand . . .
Legislation pending in the House and the Senate would radically transform federal wage-hour requirements and enforcement.
Employers should be encouraged to make voluntary back-wage payments with confidence that doing so will terminate their FLSA liability.
The U.S. Labor Department's final "Guidance" concerning President Obama's July 2014 "Fair Pay and Safe Workplaces" Executive Order suggests that the agency might be applying an improper standard in determining what is a "willful" violation of the FLSA.
The U.S. Labor Department's Wage and Hour Division is "reach[ing] out" to educate retail workers about their FLSA rights.
The Kentucky Court of Appeals has ruled that neither collective actions nor class actions are authorized under the Kentucky Wages and Hours Act.
A couple of remarks made by Solicitor of Labor M. Patricia Smith at a December continuing-legal-education conference were especially interesting.