Posts tagged enforcement.
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.
DOL, Minimum Wage, Wage and Hour, Wage/Hour LawsTags: Department of Labor, enforcement, Fair Labor Standards Act, Field Operations Handbook, FLSA, minimum wage for tipped employees, minimum wage for tipped workers, tip, tip credit, tipped employee minimum wage, tipped employees, tipped minimum wage, tipped workers, tips, USDOL, USDOL Wage and Hour Division
USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.
Wage and Hour, Wage/Hour LawsTags: "employer", Employee, employee status, employer status, employment, enforcement, Fair Labor Standards Act, FLSA, FLSA enforcement, independent contractor, Independent Contractors, joint employee, joint employer, joint employment, USDOL, USDOL Wage and Hour Division, Wage & Hour, Wage and Hour, Wage and Hour Division
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.
U.S. Wage and Hour Administrator David Weil has said that the Wage and Hour Division will not resume the practice of issuing opinion letters in response to questions about FLSA compliance.
Compliance, Government EnforcementTags: Fair Labor Standards Act, FLSA, comply, Compliance, enforce, enforcement, opinion letters, FLSA opinions, FLSA interpretations, Administrator Interpretations, David Weil, opinions
A couple of remarks made by Solicitor of Labor M. Patricia Smith at a December continuing-legal-education conference were especially interesting.
Administrative Exemption, Compliance, Computer Employees, Enforcement, Executive Exemption, Exemptions And Exceptions, Outside Salesman Exemption, Professional Exemption, Proposed Regulations, Salary BasisTags: FLSA, Fair Labor Standards Act, M. Patricia Smith, Notice of Proposed Rulemaking, NPRM, executive exemption, administrative exemption, professional exemption, outside salesman exemption, computer employee exemption, opinion letters, comply, Compliance, enforce, enforcement
Recent developments underscore that the U.S. Labor Department is on the lookout for opportunities to tie together all participants in collaborative business arrangements.
Compliance, Enforcement, Government EnforcementTags: fissured industries, fissured industry, Hospitality, construction, food retailing, joint employment, enforcement, hotels, contractors, subcontractors, vendors, suppliers, franchisees, franchises
The U.S. Wage and Hour Division plans to launch a Hospitality industry investigative program called the "Hotel and Motel Resort Pilot Initiative."
Industry- and sector-wide FLSA compliance initiatives were a recurring theme during a recent Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division.
Compliance, Employee Status, Government EnforcementTags: Hospitality, initiatives, joint employment, industry, sector, enforcement, construction, hotels, contractors, subcontractors, franchisees, franchises, fissured industries, fissured industry, fissured
Lurking in Senate and House "misclassification" bills are expansive changes in the Fair Labor Standards Act's civil money penalties.
Tough talk and other recent developments could reveal an increasingly adversarial, "gotcha" approach to FLSA enforcement by the U.S. Wage and Hour Division.
Compliance, Government Enforcement, RetaliationTags: "Plan, Prevent, Protect", comply, Compliance, enforce, enforcement, opinion letters, FLSA interpretations, FLSA opinions