Search for: "Division of Labor Standards Enforcement"
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28 Jan 2020, 1:38 pm
Another example of these regulatory efforts include the NLRB’s current efforts to reverse a change in interpretation and enforcement of the “joint employer” rules of the NLRA and Fair Labor Standards Act that substantially expanded the imputation of liability for collective bargaining and other labor-management and wage and hour law violations by treating companies as joint employers that received the benefit of work performed even when… [read post]
28 Jan 2020, 9:58 am
In September 2018, the current board announced its intention to issue formal rules and invited public comments regarding the standard to be applied to joint employment issues. [read post]
27 Jan 2020, 5:26 pm
The settlement resolved allegations that NGSC billed the Air Force for labor hours purportedly incurr [read post]
23 Jan 2020, 9:05 pm
The Labor Department’s proposal, issued under the authority of the Fair Labor Standards Act, would target these dual job workers. [read post]
20 Jan 2020, 6:23 am
One side note, I am not going to repeat my 2019 labor and employment law predictions that are likely to happen in 2020 (new states that protect medical marijuana use outside of work, increased sexual harassment charges, the elimination of the H-4 EAD program, the NLRB issuing the joint employer standard, more states passing paid family leave, independent contractor issues arising, notices of inspection (I-9 inspections) increasing, and the Supreme Court’s decision on DACA.) [read post]
15 Jan 2020, 2:04 pm
Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the context of per-project compensation arrangements and (ii) calculation of overtime pay for employees who receive nondiscretionary lump-sum bonus payments earned over time and not tied to a specific period. [read post]
14 Jan 2020, 10:10 am
Wage and Hour Opinion letters are issued by the Wage and Hour Division Administrator at the Department of Labor to help the public understand the requirements of the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA): "As part of the administration of the FLSA and the FMLA, interested parties may seek and officials of the Wage and Hour Division may provide official written explanations of what the FLSA or the… [read post]
14 Jan 2020, 9:07 am
The court has relisted two cases asking whether it should revisit its holding in Employment Division v. [read post]
13 Jan 2020, 6:33 pm
That’s why all U.S. employers should re-evaluate their potential minimum wage, overtime, recordkeeping and other Fair Labor Standards Acts (“FLSA”) liability exposure from work performed by workers employed by subcontractors or contractors, staffing, leasing, manpower and workforce and other separate business entities in light of the new Final Rule: Joint Employer Status under the Fair Labor Standards Act (“Final Rule”) on determining… [read post]
8 Jan 2020, 2:55 pm
Thus, this limitation on re-hire provisions does not apply to standard severance or separation agreements offered to workers at termination if the company is not resolving a specific claim filed by the employee. [read post]
3 Jan 2020, 9:00 am
The Division of Labor Standards Enforcement (DLSE) has stated that using the IRS mileage rate will generally satisfy an employer’s obligation to reimburse for business-related vehicle expenses, absent evidence to the contrary. [read post]
23 Dec 2019, 2:00 am
Yes, so long as they meet all of the tests and requisite factors for qualification under one of the recognized exemptions of the Fair Labor Standards Act (FLSA). [read post]
18 Dec 2019, 2:42 pm
As the Division of Labor Standards Enforcement (“DLSE”) explained in the context of payroll debit cards, employers cannot “impos[e] conditions or obstacles which interfere with or prevent an employee from promptly receiving their due wages in full. [read post]
16 Dec 2019, 1:58 pm
On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other things, whether certain types of pay and benefits constitute part of a non-exempt employee’s regular rate of pay for purposes of calculating overtime under federal law. [read post]
12 Dec 2019, 2:40 pm
When evaluating these risks, businesses and their leaders should keep in mind that the test for joint employment under the NLRA as well as the Fair Labor Standards Act, makes it much easier to find joint employment than in tax or certain other areas of employment law. [read post]
3 Dec 2019, 1:53 pm
In his claims before the Division of Labor Standards and Enforcement (“DLSE”), driver Sangam Patel (“Patel”) seeks recovery of unpaid wages, overtime pay, vacation pay, meal and rest break premiums, and unpaid business expenses allegedly owed by Uber. [read post]
2 Dec 2019, 5:20 pm
OSHA’s role is to help ensure these conditions for American working men and women by setting and enforcing standards, and providing training, education, and assistance. [read post]
2 Dec 2019, 9:55 am
The Alternative Borello Test According to the website of the California Department of Industrial Relations: “For most matters before the Division of Labor Standards Enforcement (DLSE), depending on the remedial nature of the legislation at issue, this means applying the “multi-factor” or the “economic realities” test adopted by the California Supreme Court in the case of S. [read post]
2 Dec 2019, 7:52 am
It also was the date that the child support combined income cap pursuant to the Child Support Standards Act would have been adjusted. [read post]
29 Nov 2019, 5:00 am
“The Department of Labor Standards appreciates the collaboration with the Attorney General’s Office on efforts to raise awareness of asbestos in schools,” said DLS Interim Director Michael Flanagan. [read post]
