DOL Reinstitutes Opinion Letters on FLSA

It’s been over a decade since the US Department of Labor (DOL) abandoned its long practice of issuing opinion letters in response to employer questions on Fair Labor Standards Act (FLSA) application. Back in 2009, DOL changed that historic approach to resolving issues relating FLSA and began suing employers as the primary approach to enforcing…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Posting Requirements for Federal and State Notices

All employers are required to post certain federal and state postings on an annual basis – and generally the first of the year is the best time to ensure compliance. Federal law requires that an employer with less than 50 employees post 5 specific notices: the Fair Labor Standards Act; the Employee Polygraph Protection Act;…

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Joint Employer Clarifications Expected By Year’s End

As the end of 2019 rapidly approaches, many eyes are turning to several federal regulatory agencies where a number of important decisions are expected after the Trump administration released its regulatory schedule this week. The biggest of the big issues relates the question of joint employment status and its applicability under a number of federal…

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FLSA Overtime Rule Webinar

DDIFO members are invited to attend a webinar on the new Fair Labor Standards Act (FLSA) overtime rule, becoming effective on January 1, 2019. Sponsored by the Coalition of Franchisee Associations (CFA) on December 4 at 12:00 Noon ET, the webinar is hosted by Fisher & Phillips labor and law attorneys Andria L. Ryan (co-chair…

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OMB Clears Fluctuating Workweek Plan

A new proposal that would give employers an option in how they calculate overtime for certain of their employees was green-lighted by the White House Office of Management and Budget (OMB) this week. While details of the final proposal won’t be released until it’s published in the Federal Register, the most recent notices available indicate…

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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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DOL Rules on Joint Employer, Tweaks OT Again

The US Department of Labor came out with its long awaited proposed joint employer rulemaking this week and once again tweaked its regulations on overtime calculations. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically, it proposes…

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House Hearing on Paycheck Fairness Act

The House Education & Labor Committee, having made a 180 degree turn under democratic Chairman Representative Bobby Scott (VA), held a public hearing this week on H.R.7, known as the Paycheck Fairness Act. With 240 cosponsors in the House (all 239 democrat members and 1 republican), the legislation would amend the Fair Labor Standards Act…

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DOL Alters H-2B Process, Hikes Fines

Earlier this week, the US Department of Labor (DOL) announced that it was altering the procedure by which H-2B Visa applications will be processed. The change results from the system crash that DOL experienced early in January when the flood of H-2B visa applications overwhelmed and crashed their system. Going forward, all applications filed on…

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