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DOL Issues Opinion Letters Regarding Pay Calculations for Teleworkers, In-Home Caregivers

On the last day of 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) ushered out the year with two new Opinion Letters. These may be the final two Opinion Letters of the Trump Administration and perhaps the last two for a while, depending on whether the Biden Administration continues the...… Continue Reading
January 4, 2021

Mandatory Gratuities Are Not “Tips” But May Qualify as Commissions Under the FLSA, Fourth Circuit Holds

Agreeing with the district court, the Court of Appeals for the Fourth Circuit has concluded that the mandatory service charges imposed by a restaurant on dining parties of six or more were not “tips” under the FLSA. However, the Court of Appeals reversed and remanded the trial court’s determination that the FLSA’s “commissioned salesperson” overtime...… Continue Reading
December 8, 2020

Trial Court Properly Applied Rule 68 Offer of Judgment and Reduced Attorney’s Fee Demand in FLSA Case, Eleventh Circuit Concludes

The plaintiff sought more than $12,000 in unpaid wages on his FLSA claims, rejected the defendant employer’s Rule 68 offer of judgment of $3,500 on those claims, and then was awarded only $97.20 plus an equal amount of liquidated damages. Under these circumstances, the Eleventh Circuit held that the trial court properly awarded the defendant...… Continue Reading
December 8, 2020

Final Piece of Chicago’s Predictive Scheduling Law Goes Into Effect on January 1, 2021

Beginning January 1, 2021, employees covered by the Chicago Fair Workweek Ordinance will have a private right of action against employers for violations of the Ordinance. Although the Ordinance took effect on July 1, 2020, due to the Covid-19 pandemic the City of Chicago delayed the effective date for private causes of action until 2021.  Jackson Lewis...… Continue Reading
December 1, 2020

The Future of Wage and Hour Law In the Biden Administration

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the...… Continue Reading
November 10, 2020

Pandemic Necessitates Review of “Donning and Doffing” Policies

As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to modify their...… Continue Reading
October 12, 2020

DOL Issues New Opinion Letters on Fluctuating Workweek Hours Requirement, Other Topics

Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That brings the total to 57 Opinion Letters issued since 2018, including the re-publication of 17 Opinion Letters withdrawn during the Obama...… Continue Reading
September 1, 2020

Connecticut’s Minimum Wage Increases to $12 per hour on September 1

In May 2019, Connecticut joined a host of other states, including New York, New Jersey, and Massachusetts, in passing a bill that, pursuant to a series of incremental increases over time, will raise the state’s minimum wage to $15.00 per hour. The first increase occurred in October 2019 and the next increase, to $12 per...… Continue Reading
August 11, 2020

Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails to Satisfy FLSA’s “Salary Basis” Test for Overtime Exemptions

Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair Labor Standards Act (FLSA),...… Continue Reading
April 26, 2020

DOL Issues New Opinion Letters Revolving Around the FLSA’s “Regular Rate”

Continuing the practice it reinstituted about two years ago, on March 26, 2020 the U.S. Department of Labor’s Wage Hour Division (WHD) issued three new opinion letters, each revolving around the “regular rate” that is used when calculating any overtime pay due to non-exempt employees for work performed in excess of 40 hours in a...… Continue Reading
March 30, 2020

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