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Posts in FLSA / Wage and Hour Compliance.
By Katherine Fechte on March 8, 2019 at 2:20 PM

Clock with the shadow of a dollar sign, representing overtimeThe Department of Labor (DOL) issued its long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Act (FLSA) on March 7, 2019. The regulation, which replaces the controversial rule issued under the Obama administration in 2016, raises the salary threshold from the $23,660 minimum established in 2004 to $35,308, or $679 per week. As such, employees earning under $35,308 a year must be paid overtime for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties.

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By Katherine Fechte, Lauren Daming, Lauren Harris on January 18, 2019 at 10:10 AM

"2018" written out with wooden blocks with a person rotating the "8" to a "9"2018 was a relatively quiet year in federal employment law developments, but the stage is set for a much more active 2019. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2019.

For Missouri and Illinois employers, a review of 2018 state updates and a look forward at 2019 can be found here.

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By Katherine Fechte on November 12, 2018 at 3:50 PM

Restaurant bill with tip moneyOn Nov. 8, 2018, the Department of Labor (DOL) issued an Opinion Letter reviving its 2009 guidance that eliminated the 80/20 rule for tipped workers. The rule prohibited employers and businesses from paying tipped workers below the minimum wage by way of a tip credit for non-tipped work when such work comprised more than 20 percent of their day. Under the Obama administration, the 2009 Opinion Letter was withdrawn, which restored the 80/20 rule and sparked a flurry of lawsuits alleging that tipped workers spend more than 20 percent of their time performing non-tipped work for which they did not receive the minimum wage. After finding the rule was confusing and nearly unworkable, the DOL has done away with it once again.

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By Katherine Fechte on April 4, 2018 at 9:50 AM

Person receiving car keys from a car salesmanOn April 2, 2018, the U.S. Supreme Court, in a close 5-4 decision, held that car dealership service advisors are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). In reaching this conclusion, the court rejected the long-held belief that FLSA exemptions should be applied narrowly.

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By Katherine Fechte, Lauren Daming, Lauren Harris, Camille Toney, Audrie Howard on February 8, 2018 at 2:50 PM

"2017" and "2018" written on metal wheelsThe federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.

For Missouri and Illinois employers specifically, a review of 2017 updates and a look forward at 2018 can be found here.

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By Lauren Harris on January 26, 2018 at 1:38 PM

Female intern carrying coffees in a hallwayThe U.S. Department of Labor (DOL) this month issued its revised Fact Sheet #71 on “Internship Programs Under the Fair Labor Standards Act” outlining that the agency will rely on the court-approved “primary beneficiary test” to determine whether an intern should be considered an employee under the Fair Labor Standards Act (FLSA). 

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By Katherine Fechte, Camille Toney on January 12, 2018 at 3:50 PM

Stack of envelopesOn January 5, 2018, the Department of Labor (DOL) Wage and Hour Division reissued 17 opinion letters to shed light on the DOL’s stance on numerous issues under the Fair Labor Standards Act (FLSA). Under the administration of President George W. Bush, the DOL issued 36 opinion letters, many of which were recalled under President Barack Obama in early 2009. A year later in 2010, the Wage and Hour Division announced it would no longer issue opinion letters in response to employer and business questions about wage and hour issues under the FLSA.

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By Katherine Fechte on December 11, 2017 at 4:25 PM

Elevated view of a restaurant bill and money, showing a tip. The Wage and Hour Division of the Department of Labor (DOL) recently proposed a rule affecting tip regulations under the Fair Labor Standards Act. Under the rule proposed Dec. 4, 2017, establishments can implement tip pools, or require servers and workers who earn tips to share with those, such as line cooks and dishwashers, who do not.

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By Katherine Fechte on August 8, 2017 at 2:15 PM

Blue binder with the word "overtime" on the side, on top of a deskThe U.S. Department of Labor (DOL) published a request for information (RFI) in late July seeking comments, data, ideas and information on an appropriate salary level for exempt employees under the Fair Labor Standards Act (FLSA).

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By Lauren Harris, Camille Toney, Audrie Howard on January 26, 2017 at 3:57 PM

Shoes moving from 2016 to 2017 with pictures of Illinois and MissouriThe Missouri and Illinois legislatures were quite active in 2016 in creating laws affecting employers, and they have been just as busy in the first few weeks of 2017. Below is a summary of employment law developments that may affect your business in those states in the coming year. 

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