SimplyHR | Employment & Labor Blog 

The 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). 

On 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.

2016 was a busy year for employment law developments on a national level, and 2017 promises to follow suit. To help employers navigate the changes, here is a summary of major developments that may affect your business this year.

As employers are all aware, the U.S. Department of Labor (DOL)’s new overtime rules are set to take effect Dec. 1, 2016. The rule, projected to cover some 4.2 million workers, will raise the minimum salary threshold for overtime exemption 101 percent from its current rate of $455 per week to $913 per week.

Twenty-one states have filed suit against the federal government seeking a preliminary and permanent injunction to block the Department of Labor’s new overtime rule and declare it unlawful.

In the 30-page complaint filed Sept. 20, 2016, the states allege that the Obama administration is trying to impose heavy costs and its own policy initiatives, in violation of the 10th Amendment to the Constitution. On March 13, 2014, President Barack Obama ordered the DOL to revise the Fair Labor Standards Act’s overtime exemption to account for the federal minimum wage. The DOL complied and released its final rule on May 18, 2016. 

On May 18, 2016, the U.S. Department of Labor (DOL) released the final rule updating the regulations defining and limiting “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). These rules apply to workers who fall under the executive, administrative, or professional exemptions from the FLSA’s minimum wage and overtime protections. The rule will go into effect December 1, 2016, giving employers over six months to adjust.

It is no secret that the U.S. Department of Labor is expected to release the final rules related to the Fair Labor Standards Act (FLSA) soon — possibly sometime this month. The rules, which could make millions of more employees eligible for overtime, may also make compliance more difficult for employers and business leaders in their classification of employees.

The U.S. Department of Labor (DOL) on Wednesday aimed to clarify the test it uses to determine whether workers are classified as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).

Employers called to submit comments in next 60 days

After months of internal debates and conferences, the U.S. Department of Labor (DOL) released the long-anticipated proposed overtime rule today. If implemented, the proposed rule will significantly expand overtime pay for Americans under the Fair Labor Standards Act (FLSA).

Last week, the Department of Labor announced a final rule that will extend Fair Labor Standards Act (FLSA) minimum wage and overtime coverage to home health care workers. The rule will have far-reaching impacts – but not until January 1, 2015, when it takes effect.

Home health workers “employed by an employer or agency other than the family or household using their services” are currently classified as exempt from FLSA’s minimum wage and overtime requirements under the “companionship services” exception. 29 C.F.R. § 552.109(a). “Companionship services” are defined as “those services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs.” 29 C.F.R. § 552.6. The regulation goes on to cite household work, meal preparation and washing clothes as examples of “companionship services.”