On November 16, 2022, the Department of Labor announced that it had recovered $1.2 million in back wages from four different home health care agencies on behalf of 599 home healthcare workers. One of the responsible employers, Guardian Angels Care Services, Inc., owed $160,477 in overtime back wages for misclassifying its employees as independent
On March 26, 2020, the U.S. Department of Labor published a Field Assistance Bulletin and additional answers to what it anticipates are Frequently Asked Questions about the FFCRA’ s posting obligations.
The Field Assistance Bulletin No. 2020-1 announced that the Department would take a nonenforcement position during the first 30 days when the Act is
One of the biggest criticisms I have of the FLSA is that it provides no safe harbor or protection for an employer, who having realized it made a wage and hour mistake, to voluntarily self-report and correct its mistake. Instead, it can encourage employers who learn of a potential FLSA violation that has not otherwise been discovered to continue its current practice hoping that the violation will not be discovered. This week the U.S. Department of Labor announced its Payroll Audit Independent Determination (PAID) program that takes a step in providing employers with an incentive to voluntarily identify and self-correct wage and hour violations. The stated purpose of the program is to
Continue Reading Department of Labor Rolls Out Pilot Program for Employers to Correct Inadvertent Wage and Hour Violations
The U.S. Department of Labor recently abandoned its six-factor internship test in favor of the seven-factor primary beneficiary test utilized by most Courts. The primary benefit test adopts a temporal limitation for the internship that was not in the old six-factor test and incorporates two elements linking eligibility to the intern’s education programs and academic
Today, a Texas federal judge issued a nationwide preliminary injunction blocking the implementation of the U.S. Department of Labor’s final rule imposing an increased salary level to qualify for the administrative, professional, executive and highly-compensated exemptions to overtime. Short of an order staying the district judge’s injunction, the DOL’s rule will be on hold, nationwide,
This week the DOL published its final rule requiring federal contractors to provide paid sick leave to employees working on or in connection with federal contracts. The sick leave required by the final rule would allow an employee to use accrued paid sick leave for their own illness, the need to care for a sick
This week the DOL announced changes to the white collar overtime exemptions that take effect December 1, 2016. Every employment lawyer with a newsletter, blog or soapbox has written some summary of the new regulations. And while the regulations only effect the executive, administrative, professional and high compensated exemptions, Daniel Schwartz, a Connecticut employment
Last night the U.S. Department of Labor announced details of its long-awaited Final Rule on changes to the regulations interpreting the overtime exemptions to the Fair Labor Standards Act (FLSA). The FLSA is the federal law requiring most employers to pay minimum wages and overtime to nonexempt employees. The Final Rule raises the minimum salary
Last week the U.S. Department of Labor published a proposed rule to extend FMLA benefits to same-sex spouses on the same terms as spouses of other legally recognized marriages. This will confirm, if passed, that FMLA benefits must be provided to all eligible employees to: care for their legally married spouses who have a serious health
Today the U.S. Department of Labor announced publication of a time keeping App for smart phones –the DOL -Timesheet. Employees can download the free App through iTunes and can be used with the iPad, iPhone and iTouch. The App is an electronic timesheet that allows employees to record their hours worked and calculate the amount of