The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter today addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below 40 hours for an employer to rely upon the fluctuating workweek method of calculating overtime. However, there remain some unanswered questions that should cause employers to tread cautiously when implementing this system.
USDOL announced that, effective July 1, it will not seek liquidated damages in FLSA investigations as a matter of course.
USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
The USDOL has removed the infamous "20% Rule" from its Field Operations Handbook, but employers should be mindful of its disjointed approach to revisions across and within agency materials.
This week USDOL increased the civil money penalties it can impose for certain FLSA violations.
USDOL reportedly is submitting a proposed rule for review by the federal Office of Management and Budget. Publication on target for first quarter.
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.
This week the USDOL has issued a press release announcing that it will hold “listening" sessions to "gather views” on the white collar exemptions and released new Opinion Letters addressing other FLSA topics, including the 7(I) overtime exemption for certain employees of qualifying retail and service establishments.
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how things might be under a potential new one, it’s the 80-year-old law that needs change, and not just because it is outdated.