As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations requires employers to compensate employees on a salary basis (currently $455 for white collar exemptions, but likely rising to around
DOL Outlines New “Economic Dependence” Test for Independent Contractors
The DOL continues to deliver on the promise of its busy summer. This morning, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil announced a new, 15-page Administrator’s Interpretation in a DOL blog post that stressed the FLSA’s expansive definition of employment and reinforced the WHD’s position that most workers qualify as
Answering Your Questions about the New FLSA Regulations [Wage & Hour FAQ]
As you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing the “white collar” exemption for executive, administrative, and professional employees. For our comprehensive discussion of the changes in the DOL’s Notice
The New FLSA Regulations: The DOL’s Actual Proposed Language
We have been covering the Department of Labor Wage & Hour Division’s (WHD) finally released proposal to amend the Fair Labor Standards Act (FLSA), which was published last week. The Notice of Proposed Rulemaking (NPRM) is lengthy, clocking in at 295 pages, nearly all of which (285+) constitute a preamble. Those 295 pages have plenty
The DOL’s Surprising Conclusion about Employers in the New FLSA Regulations
Last week, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing the “white collar” exemption for executive, administrative, and professional employees. For our comprehensive discussion of the changes in the DOL’s Notice of Proposed Rulemaking (NPRM)
The New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers
New FLSA Regulations Released, Salary Threshold Doubled
UPDATED: For an updated entry, click here.
Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). The Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) has now completed its review, and the Department of Labor
Summer Storms and the FLSA: Paying Employees When Inclement Weather Shuts You Down
As we head into the waning days of June, strong storms and persistent flooding have been all over the news lately. Near me, storms earlier this week demolished homes and businesses, dropped a communications tower on a fire department, knocked out power, and generally left businesses and homeowners unable to go about their normal work.
Are You in the DOL’s Crosshairs? Statistics Give Warning to Retail, Hospitality Employers
Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over $240 million owed to more than 270,000 workers nationwide in fiscal year 2014 alone” sent me digging in
DOL Wage and Hour Division to “Clarify” FLSA Independent Contractor Definition
The DOL’s Wage and Hour Division expanded its already busy agenda, announcing upcoming guidance on the Fair Labor Standards Act’s definition of “independent contractor.” WHD Administrator David Weil, speaking at New York University School of Law’s 68th Annual Conference on Labor, disclosed during his keynote address that his office would soon issue an