Final Tip Credit Rule Becomes Effective

Yet another change in the tipping rules as relates the Fair Labor Standards Act (FLSA) will become effective just a few days after Christmas when the newest DOL Final Rule on paying tipped employees kicks in on December 28, 2021. These latest DOL regulations resurrect the 80/20 rule, whereby an employer can only take a…

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Continued Uncertainty Surrounds the Joint Employer Rule

At the end of July 2021, the U.S. Department of Labor (DOL) implemented a final rule to rescind the “Joint Employer Status under the Fair Labor Standards Act,” also known as the Joint Employer Rule, which first published in January 2020 under the Trump administration. This action should come as no surprise if you are…

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DOL Announces Worker Rights Initiative

In the same vein, the Department of Labor (DOL) also announced this week that it was launching a new initiative aimed at strengthening the rights of workers. This new effort, entitled “Essential Workers, Essential Protections”, provides workers with information about the wage and hour laws that apply to them, including instructions on how to contact DOL with questions or complaints.…

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DOL Finalizes Rule on Flexible Workweek

There seems to be a steady stream of interim and final rules being promulgated by various agencies of the federal government recently and the Department of Labor joined the parade this week as well. DOL issued a final rule allowing employers to offer those workers with “flexible workweeks” bonuses and/or hazard pay without jeopardizing how…

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Joint Employer Rules on the Move to OMB

Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…

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Buyer Beware: Avoiding the pitfalls of successor liability when purchasing a network

Over the last decade, our firm has represented hundreds of Dunkin’ franchisees who have expanded their networks through the purchase of existing restaurants. The vast majority of these acquisitions are transacted as purchases of tangible (e.g. furniture, fixtures, and equipment) and intangible (e.g. telephone numbers) assets, as opposed to the purchase of the stock or…

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Misclassifying Employees Can Be a Costly Mistake

In this day and age, most employers have considered the possibility of wage-hour liability. Savvy employers understand that wage-hour liability comes in many different forms, and two of the most talked about have been “misclassification” and unpaid overtime. Misclassification can occur in one of two ways: either the employer classifies a worker as an independent…

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DOL Launches Self-Reporting Wage Error Pilot

The US Department of Labor is certainly taking a different approach to resolution of wage disputes with a new pilot program the department announced this week. DOL announced the Payroll Audit Independent Determination (PAID) program on Tuesday of this week as a vehicle that will be operated by the Wage and Hour Division to help…

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Court Strikes Down Overtime Rule

A federal court in Texas yesterday struck down the Obama-era overtime rule adopted by the Department of Labor. The rule, which more than doubled the overtime threshold from $23,660 to $47,476 was originally slated to take effect last December, but was enjoined by the court just a few days earlier. In yesterday’s decision, the court…

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House Backs Comp Time Option

As you now know, the US House yesterday afternoon passed the American Health Care Act of 2017 that repeals and replaces Obamacare, but the major media outlets will provide you with all the details on that issue. Perhaps equally important to you, it also passed the Working Families Flexibility Act of 2017 (HB1180) by a…

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