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

Guaranteed OT Pay: Employers Urged to be Ready as New Overtime Final Rule Approaches

Employer interests are sounding off against the U.S. Department of Labor’s (DOL) proposal for a dramatic increase in the overtime threshold, but employers are still advised to take a close look at their exempt workforce to make sure their status is justified. The DOL released its long-awaited proposed rule on August 30. If finalized, the […]

Prevailing Wage Update: DOL’s Revamp of DBA Approaches Final Rule

On August 8, 2023, the U.S. Department of Labor (DOL) issued new regulations addressing prevailing wage requirements under the Davis-Bacon Act (DBA). The final rule alters how the DOL will calculate the prevailing wage applicable to a given classification and makes additional significant changes to the DBA regulatory scheme. 50% Rule Replaced by 50%/30% Rule Under […]

What Employers Should Know About Drafting PERM Notice of Filing

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is obtained by filing an application through the […]

Don’t Get Burned by FMLA Leave Calculations During Summer Holidays

Summertime brings warm weather, planned vacations, and a number of state and federally recognized holidays. While long holiday weekends are often a time for celebration, cookouts, and a break from the typical 9-to-5, they also play an important role in calculating Family and Medical Leave Act (FMLA) leave. Recently, the U.S. Department of Labor (DOL) […]

Heat-Related Injuries Are This Summer’s Hot Topic

As summer heats up, employers in the Southwest should keep a close eye on how heat affects their workforce. Heat-related illness is a hot topic for the federal Occupational Safety and Health Administration (OSHA) as well as state OSHA plans. Recently, an unusual settlement involved the Department of Labor (DOL) and OSHA over several heat […]

Case Study: Making Peace with Piece-Rate Pay

When determining how to compensate nonexempt employees, employers have a variety of options. Paying an hourly rate is certainly the most common, but other methods include salary, commissions, daily rates, and piece-rate pay (sometimes referred to as piece work). Piece-rate pay refers to a system in which employees are paid a fixed amount per item […]

Case Study: DOL Dings Asheville Company for Overtime Pay Violation

A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure […]

Make Sure You’re Fit to Administer FMLA Fitness-for-Duty Requirements

Maybe you’ve experienced this: An employee has a serious health condition, you provide the required Family and Medical Leave (FMLA) paperwork, and the certification form either comes back not fully filled out or so vague that you’re unable to figure out whether a serious health condition even exists. In these circumstances, FMLA regulations spell out […]

OFCCP Issues Revised Directive for Compensation Analysis

Covered federal contractors have been tasked by the federal government with preventing disparities in pay for their employees based on race, gender, and ethnicity. To prevent such disparities, the Office of Federal Contract Compliance Programs (OFCCP) under the U.S. Department of Labor (DOL) requires federal contractors to annually conduct an in-depth compensation analysis.

DOL Actions Highlight 3 Crucial Child Labor Protections Categories

With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws, which aim to protect minors’ health and safety and to avoid interfering with their education. Employers should keep in mind three major […]