Allowing non-exempt workers to work unsupervised from home has always been a big no-no in the wage-hour world. Allowing this exposes the employer to claims for unpaid hours, and unpaid overtime, from  federal, state, and local laws with unforgiving penalties. Recognizing the number of non-exempt employees working from home during the coronavirus pandemic, the federal

The Department of Labor (DOL) released new model forms for requesting FMLA leave and notifying employees of their rights:

A New York federal judge struck down or limited several of the Department of Labor (DOL)’s restrictions on federal COVID-19 paid leave under the Families First Coronavirus Relief Act (FFCRA): (1) work availability requirement, (2) healthcare worker exemption, (3) intermittent leave employer consent, and (4) requirement to submit documentation before taking leave.

Work availability requirement

The federal Department of Labor finalized regulations–to take effect in March 2020–loosening the test for joint employment. Employers that rely heavily on temporary and/or staffing agencies for workers and businesses that have franchisor-franchisee contracts will find some relief in the new test. Recall that the Obama administration in 2016 expanded joint employment liability through a

The Department of Labor unveiled its final rule updating the salary threshold for so-called “white collar” exempt employees. The final rule, effective January 1, 2020, raises the salary threshold to qualify for one of the “EAP” exemptions to $35,568 per year or $684 per week. The current threshold is $23,660 per year. The Obama administration

Proof that your business is never too small to be noticed by the federal (or state) Department of Labor: a small dental surgery practice was investigated for unpaid overtime violations. The Department of Labor determined that 13 employees were paid their regular hourly rate for all hours worked—regardless of whether they worked more than 40