Practical HR Tips, News & Advice. Updated Daily.
On September 6, 2024, the U.S. Department of Labor (DOL) confirmed its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best practices in cybersecurity for plan sponsors, plan fiduciaries, recordkeepers, and plan participants. The retirement plan industry took notice and has generally made […]
Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]
Hospitality employers take note: The Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (FLSA) that allows employers to pay tipped employees a lower direct wage as long as their tips make up the difference to reach the minimum wage. However, the tip […]
Artificial intelligence (AI) refers to automatic systems that use data to make decisions, predictions, or recommendations. AI provides great opportunities to improve many aspects of our lives—how we work, learn, and live. Nevertheless, there are both pros and cons to using AI in the workplace. Advantages include increased efficiency and productivity, innovation, and removing remedial […]
Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway is that eliminating humans from critical employment processes could result in a violation […]
Over the past seven years, the U.S. Department of Labor (DOL) has attempted to increase the number of exempt employees who are eligible for overtime under the Fair Labor Standards Act (FLSA). On April 23, 2024, the DOL announced a final rule regarding the salary threshold required to exempt a salaried executive, administrative, or professional […]
According to the Department of Labor (DOL), recent years have seen an enormous increase in the amount of child labor violations within the United States. For example, the DOL found child labor violations affecting 5,792 children in fiscal year (FY) 2023, up from 3,876 in FY 2022. In response, Congress, the Biden administration, and the […]
Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]
On January 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule—going into effect beginning March 11—that will determine whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 rule modifies regulations by adopting […]
The U.S. Department of Labor (DOL) has published its final rule on the classification of workers as either employees or independent contractors (ICs). Under the rule, the DOL returns to the “totality of the circumstances test,” with a focus on workers’ economic dependency on their employers. Why Properly Determining Worker Status Is Important Whether a […]