Tag: U.S. Department of Labor (DOL)

DOL Leadership in Place, Future Less Clear

With the confirmation of Lori Chavez-DeRemer as Secretary and Keith Sonderling as Deputy Secretary, the leadership team at the Department of Labor (DOL) is finally in place. However, numerous questions about the department’s future course persist. New Heads Former U.S. Representative Chavez-DeRemer was an unexpected nominee. A Teamster-supported advocate for unions and a rare Republican […]

U.S. Department of Labor Implements New Independent Contractor Rule

On January 10, 2024, the U.S. Department of Labor (DOL)published a new final rule revising its guidance on independent contractor classifications under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the final rule rescinded a rule from 2021 and implemented a new test for determining whether a worker is an employee or an […]

DOL Confirms Cybersecurity Guidance Applies to Health and Welfare Plans

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 […]

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Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?

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 […]

Employers Beware: The Tip Credit Is Back

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 […]

Developing Artificial Intelligence Principles for the Workplace

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 […]

When Using AI at Work, Be Sure to Avoid Wage and Hour Claims

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 […]

Millions More U.S. Workers Eligible for Overtime Under Final DOL Rule

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 […]

Child Labor Continues to Be a Significant Problem in 2024

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 […]

DOL Publishes Final Rule Regarding Independent Contractor Classification Under FLSA

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 […]