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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged dol.
Construction Services Company Flagged for Unpaid Employee Travel Time

The U.S. Department of Labor (DOL) continues to focus considerable enforcement attention on when employees must be paid for travel time between home and their office or worksite under the Fair Labor Standards Act (FLSA). Construction and building trades companies remain at the forefront of the enforcement efforts of the DOL’s Wage and Hour Division (“WHD”), as exemplified by the recent consent judgment that ended the lawsuit brought by the DOL against AWP, Inc., a company that provides traffic control “flagging” services for temporary construction work zones.

DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees

The U.S. Department of Labor (DOL) weighed in again on the question of employee travel time between home and office, i.e., whether or under what circumstances it is compensable under the Fair Labor Standards Act (FLSA) for “an employee who chooses to telework for part of the day and work at the office for part of the day.” When employees must be paid for travel time has been a long-standing source of confusion for employers, as evidenced by the frequency of the U.S. Department of Labor’s (DOL) opinion letters addressing it.

DOL Allows Employers to Electronically Post Required FLSA/FMLA Notices

2020 will undoubtedly be remembered as the year of the COVID-19 pandemic, and as the year that telework gained widespread acceptance in the U.S. While remote work creates several benefits for employers, it also comes with some challenges. In guidance issued this week, the U.S. Department of Labor (DOL) took on one of those issues: Under what circumstances can employers satisfy the mandatory requirement to physically post notices (“continuous posting”) or notify employees individually (“individual notices”) under certain federal statutes – here, the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA)  -- by email or internet or intranet websites?

DOL Adjusts their View of Telemedicine to Support FMLA Leave

The U.S. Department of Labor (DOL) has issued guidance clarifying that telemedicine examinations or treatment, which have become increasingly widespread by necessity during the COVID-19 pandemic, may be used by employees as the equivalent of an “in-person visit to a health care provider” for the purpose of establishing a “serious health condition” under the Family and Medical Leave Act (FMLA).

DOL Issues New Tipped Employee Rules under the FLSA

As a Court of Appeals panel in Richmond pointed out recently, employer FLSA obligations are simple enough for employees who receive a traditional hourly wage but get far murkier and more complicated in the restaurant industry, where employees typically receive compensation through tips or gratuities and employers are permitted to take a “tip credit” to offset a part of the minimum hourly wage due restaurant employees.

Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility

With the arrival of summer the U.S. Department of Labor (“DOL”) issued some additional guidance last week to clarify when an employee may take leave under the Family First Coronavirus Response Act (“FFCRA”) to care for the employee’s child based on the closure of a summer camp, summer enrichment program, or other summer program for COVID-19-related reasons. The new guidance adds some gloss to the partial answer previously provided by the DOL earlier in the month, when it addressed the availability of FFCRA leave in the context of pending school summer closures, which you can read about here.

5 Takeaways from DOL’s Proposal to Change FLSA Overtime Rules

On March 7, 2019, the U.S. Department of Labor (DOL) issued proposed rules that would update the salary threshold for the Fair Labor Standard Act’s (FLSA) so-called “white collar” or “EAP” exemptions from overtime. The importance of this issue for employers is tied to the fact that an employee must be paid on a salary basis at or above the DOL’s specified minimum weekly salary level in order to be exempt from the FLSA’s overtime pay requirements.  

What Changes

Currently, employees paid a weekly salary below $455 per week ($23,660 per year) are deemed non-exempt and must be paid overtime for all hours worked over 40 per week.