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Wage and Hour Laws Blog

Posts tagged Fair Labor Standards Act.

USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.

After 80 years with the USDOL, the FLSA needs a shakeup. The problem is that, even as we anxiously await proposed regulations from the current agency and contemplate how things might be under a potential new one, it’s the 80-year-old law that needs change, and not just because it is outdated.

Before forging ahead with summer hires, employers should carefully evaluate state law restrictions to determine whether they overlap and/or supplement the FLSA and, either way, how they apply depending on a multitude of factors that can go well-beyond just the minor’s age.

Hiring minors can be daunting in any state given the FLSA's child labor restrictions that vary depending on the individual's age, the work contemplated, and even the local public school's schedule.

From FLSA enforcement programs to compliance resources, the USDOL has stepped up and provided timely guidance that ultimately can benefit everyone, if employers understand what the various materials do and do not say.

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited.  But not all audits are bad.  Under the FLSA, conducting an internal audit of your company's pay practices can actually even be beneficial to your business.

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.

Employers should be aware of how we got to the recent FLSA amendment regarding tips, and have a solid understanding of their own tip-related practices, before trying to determine where to go from here.

Today's federal budget included a rider to amend the FLSA and prohibit an employer from keeping tips received by its employees, regardless of whether or not the employer takes a tip credit.

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.

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