Tag: DOL

FLSA

Staffing Firms Gain Extra FLSA Overtime Protection

Temporary staffing firms may qualify as “retail or service establishments” and therefore may be able to apply the Fair Labor Standards Act’s (FLSA) “retail sales” overtime exemption to some of their employees, according to a recent opinion letter from the U.S. Department of Labor (DOL).

H1B

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again recently thwarted the Trump administration’s efforts to change the H-1B rules and increase the wages U.S. employers are required to pay to foreign workers. Twice in December 2020, a federal court order in California and a preliminary injunction in New Jersey stalled abrupt rule changes that would have dramatically altered the H-1B program […]

remote

Is Training Time Paid? DOL Reiterates Standard Position

The U.S. Department of Labor (DOL) recently answered frequently asked questions about employee training. Chiefly, when is the time compensable? Information contained in a recent DOL opinion letter is particularly important for industries such as health care in which the need for continuing education credits is common.

Don’t Expect DOL to Let Up on Investigations in 2021

Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]

Comment

IRS Seeking Comments on Paperwork Burden of COBRA’s Notice Rules

Have you noticed how much notice issues regarding federal continuation coverage seem to be cropping up everywhere—such as in the news, the courts, and the administrative agencies? Well, the latest matter involves part of the regular evaluation of paperwork requirements conducted by the Internal Revenue Service (IRS).

DOL Takes Critical View of Santa’s Workshop

After a long day, an employment lawyer has just settled his brain for a brief winter’s nap. Suddenly, he hears from his waiting room such a clatter that he rose from his adjustable ergonomic office chair to see what was the matter. As he throws open the door, he sees a plump old elf, who […]