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DOL clarifies employers’ obligation to pay overtime

The Department of Labor has issued a Field Assistance Bulletin which clarifies your duties to nonexempts and your obligation to pay those who work unauthorized overtime.

Is it time to convert remote employees to contractors?

Now that the dust of the pandemic has started to settle, employers are beginning to think longer term. For many, it’s time to explore whether telework should continue and under what conditions. A related question: Should some employees who will continue to work from home be converted to independent contractor status?

Expect to pay double for wage violations

The Fair Labor Standards Act requires employers to track the time hourly employees work to ensure they receive all the pay they have earned. The law comes with a built-in penalty: Get it wrong and you automatically owe twice your underpayment going back at least two years.

DOL issues new answers on pandemic leave, FLSA and FMLA

The Department of Labor has been busy updating employer advice on the interplay between the coronavirus pandemic and the paid leave provisions of the Families First Coronavirus Response Act, the Fair Labor Standards Act and the FMLA.

Spring regulatory agenda addresses contractor, wellness issues

The Trump administration’s Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions—released late, on June 30—spells out what it hopes to accomplish between now and the end of the year.

Beware misclassifying covid-19 teleworkers

The mass, covid-inspired migration from office work to telework has been surprisingly seamless for many employees and employers. But in some cases, the move has triggered wage-and-hour compliance problems that few would have anticipated.

Technicalities not the best bet to win FLSA lawsuits

Employers can try to cite technicalities to get out of wage-and-hour liability, but they may run into trouble when they go up against real nit-picking experts: the federal government.

DOL: No pause in wage-and-hour lawsuits

Don’t expect a decline in lawsuits during the coronavirus pandemic. Be sure you continue to follow all your usual protocols for responding to EEOC complaints, subpoenas and other legal notices.

Back to basics: FLSA issues during the coronavirus crisis

Your responsibilities under the Fair Labor Standards Act haven’t been canceled during the COVID-19 crisis. If you’ve sent employees home to work and some of those employees are nonexempt, you have a problem—tracking their work hours under the Fair Labor Standards Act. Here’s what you need to know about the FLSA.

DOL offers Q&As addressing coronavirus and FLSA, FMLA

The Department of Labor’s Wage and Hour Division has released new guidance on how coronavirus and COVID-19 affect compliance with the Fair Labor Standards Act and the FMLA.