Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative developments that may impact employers in 2019. Continue reading
Department of Labor (DOL)
DOL Currently Surveying Wages Paid to Construction Workers in North Carolina
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) is currently conducting a survey seeking information from employers on wages paid to construction workers in 46 metropolitan North Carolina counties on all active building projects. The DOL is seeking this information to establish prevailing wage rates required under the Davis-Bacon and Related Acts (“DBRA”). Continue reading
U.S. Department of Labor Forms FLSA Outreach Office
U.S. Secretary of Labor, Alexander Acosta, recently formed the U.S. Department of Labor’s (“DOL”) new Office of Compliance Initiatives (“OCI”). The stated purpose of the OCI, according to the DOL’s website, is in part to “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans’ wages, workplace safety and health, retirement security, and other rights and benefits.” To this end, the OCI focuses on education to ensure compliance with the Fair Labor Standards Act (“FLSA”). Continue reading
Inching Closer to a New Overtime Rule?
In 2016, the U.S. Department of Labor (“DOL”) modified 29 C.F.R. § 541 – which regulates the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions (administrative, executive, professional, computer, and outside sales) – often referred to as the “Overtime Rule.” Among other changes, the new Overtime Rule increased the salary threshold for white-collar employees from $23,660 to $47,476. Before the new Overtime Rule took effect, Judge Amos Mazzant, a federal district judge in Texas, temporarily blocked the rule by entering an injunction in Nevada v. United States Dep’t of Labor, 227 F. Supp. 3d 696 (E.D. Tex. 2017). Rather than appeal Judge Mazzant’s decision and pursue implementation of the revised 2016 rule, the DOL elected, instead, to proceed with a new rulemaking. Continue reading
Tip Credits and Florida Minimum Wage Laws
Background: The Fair Labor Standards Act (“FLSA”) and Florida minimum wage law allow an employer to take a tip credit toward its minimum wage obligation for “tipped employees”. A “tipped employee” is an employee who customarily and regularly receives more than $30 per month in tips. 29 U.S.C. § 203(t). An employer is permitted to take a tip credit equal to the difference between the minimum wage (currently $8.25 in Florida) and the required cash wage (currently must be at least $5.23 in Florida). Thus, the maximum tip credit that an employer can currently claim under the FLSA and Florida law is $3.02 per hour ($8.25 – $5.23). Continue reading
DOL Issues Employer-Friendly Opinion Letters
Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly. Below is a summary of each. Continue reading
The Fate of the DOL’s 80-20 Rule: Will the 80-20 Rule Survive?
The U.S. Department of Labor’s (“DOL”) “80/20 Rule” has caused significant anxiety and concern for employers in the restaurant industry and other industries with tipped employees. A recent spate of nation-wide class action litigation is leading to record-setting settlements for restaurant employers. However, in a recent lawsuit filed in the Western District of Texas, Restaurant Law Center, et al. v. United States Department of Labor, 18-cv-567 (W.D.Tex.), national and local restaurant groups hope to bring an end to this wave of litigation by seeking to invalidate the 80/20 Rule. Continue reading
