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.
Two recent USDOL opinion letters examine the contours of the FLSA's “outside salesman” exemption, providing helpful information to employers regarding an exemption that may appear simple and straightforward at first glance.
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.
USDOL's Wage and Hour Division has clarified an aspect of the FLSA's 7(i) exemption and simultaneously reminded all that the principles, not lists and examples, control.
As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
USDOL's latest opinion letter confirms its view that certain "gig employees" are, indeed, independent contractors.
The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.