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Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]
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 […]
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 […]
Retaliation continues to be at the top of the federal government’s priority list. In March 2022, the U.S. Department of Labor (DOL) issued a new field assistance bulletin titled Protecting Workers from Retaliation, which addresses worker protections from retaliation under laws enforced by the agency’s Wage and Hour Division (WHD). The DOL pledged to “use every […]
A Georgia employer recently created more than just a social media buzz with its chosen method of distributing an employee’s final paycheck.
The regional director for the Wage and Hour Division (WHD) of the Department of Labor (DOL) has recently underscored the compliance obstacle that continues to confound employers: whether to include bonuses in the “regular rate” when calculating the overtime pay rate for nonexempt employees. Nondiscretionary bonuses must be considered when determining the regular pay rate, […]
A new pilot program announced by the U.S. Department of Labor (DOL) in early March provides employers with renewed hope that the agency is changing its approach from strict regulatory enforcement to encouraging voluntary compliance and minimizing litigation. Employers, however, should proceed with caution before voluntarily disclosing possible violations of the Fair Labor Standards Act […]
by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]
by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]
It may soon be easier for employees to find private legal representation after the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) declines to pursue their Fair Labor Standards Act (FLSA) or Family and Medical Leave Act (FMLA) claims. This is thanks to a new collaboration between the WHD and the American Bar […]