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U.S. DOL Issues Several Guidance Documents Clarifying Wage and Hour Regulations

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April 6 and 12, 2018

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April has been a busy month for the U.S. Department of Labor (“DOL”).  The Wage and Hour Division issued a number of opinion letters, a bulletin, and a revised fact sheet addressing different employee pay practices, such as tip credits, travel time, and rest periods.  Employers should review the different letters for applicability to their workforce.

Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

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All Employers of AK, AZ, CA, GA, HI, ID, MT, NV, OR, WA Employees

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September 6, 2017

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The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.

May Updates

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Varies

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Varies

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This HR Alert addresses the following topics:
  1. H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
  2. OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
  3. Updated Pay Transparency Poster for Federal Contractors
  4. California: Wage Orders Have Been Updated and Must be Posted by Employers
  5. Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
  6. North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
  7. New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
  8. New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
  9. REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

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