Changes from USDOL have been numerous and fast paced. Take a second to look back on what has already happened in the federal wage and hour world in 2018, and what is yet to come.
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and thus, held that service advisors employed by automobile dealerships can qualify for the Section 13(b)(10) exemption from federal overtime.
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.
Ringing in 2018, the U.S. Department of Labor is increasing the maximum civil money penalties available for certain FLSA violations.
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.
Addressing the compelling need for authoritative U.S. Department of Labor answers to actual, day-to-day FLSA questions will be of benefit to everyone affected by or concerned with that law.
The U.S. Department of Labor has announced that it will resume the practice of issuing wage-and-hour opinion letters.
Management's signing a U.S. Wage and Hour Division "Summary of Unpaid Wages" on-the-spot might complicate later challenges to the factual assumptions, reasoning, and/or legal conclusions underlying the back-wages assessed.
After more than a year, USDOL has finally disclosed at least some information concerning its "policy" of sometimes insisting that an employer pay liquidated damages as a condition of resolving alleged FLSA violations at the investigative stage.