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DOL Issues Opinion Letters on Nondiscretionary Bonuses, Overtime Exemption Standards, and Rounding Time Under the FLSA

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July 1, 2019

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The U.S. Department of Labor (DOL) recently announced new opinion letters from the Department’s Wage and Hour Division (WHD) on calculating overtime pay for nondiscretionary bonuses and permissible rounding practices under the Fair Labor Standards Act (FLSA).  Opinion letters are responses from the WHD to submitted queries, are primarily informative in nature, and are published by the WHD to clarify or interpret existing regulations.

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June Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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U.S. DOL Issues New Opinion Letters on Voluntary Delay or Extension of FMLA Leave, Volunteer Working Hours

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March 14, 2019

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On March 14, 2019, the United States Department of Labor Wage and Hour Division (WHD) issued two new opinion letters.  The first letter addresses whether or not employers may extend or delay designating paid leave as FMLA time off.  The second letter addresses whether an employee’s time participating in an optional volunteer program qualifies as hours worked under the Fair Labor Standards Act (FLSA).  These opinion letters are responses from the WHD to submitted queries, are primarily informative in nature, and are published by the WHD to clarify or interpret existing regulations.

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New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

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All Employers with NJ Employees Who Perform Public Works for NJ

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March 31, 2019

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A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements.  According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

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Voluntary Participation in Employer-Sponsored “Wellness Activities” is Not Compensable Time

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August 28, 2018

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The U.S. Department of Labor (DOL) recently issued an opinion letter stating that employers are not required to pay employees for time spent voluntarily attending certain wellness program-related activities, including health-based biometric screenings and benefit fairs.

October Updates

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This Short List addresses the following topics:
  1. U.S. Department of Labor Issues Updated FMLA Forms
  2. EEO-1 Reporting Deadline Still March 31st
  3. NLRB: E-Verify Enrollment is a Mandatory Subject of Bargaining
  4. IRS Updates Paid Family Leave Tax Credit
  5. Sixth Circuit: Educational Institution’s Investigation Procedures Challenged in Title IX Case
  6. Seventh Circuit: Potential Back Pay in Hostile Work Environment Claims
  7. Ninth Circuit Affirms DOL Guidance on “20% Rule” for Tipped Employees
  8. California: IMPORTANT – Update on How Split Shifts Are Paid
  9. San Francisco, CA: Update Fair Chance Ordinance Notice/Poster
  10. New York: Home Care Workers’ “13-Hour Rule” is Invalid

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New Wage and Hour Opinion Letters from the U.S. Department of Labor

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Applicable Employers under the FLSA and FMLA

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August 28, 2018

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued six opinion letters related to compliance with the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA). The opinion letters are meant to provide clarity on employee rights and employer obligations as interpreted by the DOL.

September Updates

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This Short List addresses the following topics:
  1. The DOL Created a New Department to Support Employer Compliance
  2. OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms
  3. Federal Contractor Minimum Wage Increase for 2019
  4. Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements
  5. Eighth Circuit: USERRA Still Protects Employees Who Don’t Have Guaranteed Working Hours
  6. Ninth Circuit: Employers Can Prohibit Future Employment With Their Company
  7. California: Update to EDD Workplace Posting DE 1857A
  8. Massachusetts: Railway Unemployment Insurance Act Preempts Statewide Sick Leave
  9. New Jersey: New Bill Expands Ability to Claim Unemployment Insurance Benefits
  10. New Jersey: State and Federal Authorities Pledge Stronger Enforcement Against Misclassification
  11. New York City, NY: Anti-Sexual Harassment Poster and Fact Sheet Now Available
  12. South Carolina: Pregnancy Accommodations Poster Now Available
  13. Austin, Texas: The City’s Paid Sick Leave is On Hold – For Now
  14. Seattle, WA: New Employer Obligations for Domestic Workers

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OSHA Corrects Electronic Reporting Implementation – Employers in State Plan States Must Electronically Report Form 300A

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All Employers of 20-249 Employees in Specified Industries

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July 1, 2018

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The U.S. Department of Labor (“DOL”) recently reviewed implementation of OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” regulation.  The DOL determined that, under the Rule, affected employers are required to submit injury and illness data via OSHA’s Injury Tracking Application (“ITA”) online portal, even if the employer is covered by a state plan that has not yet completed its adoption of their own state rule.