Tag: FLSA

Dept of Labor Webinar to Address ‘Alarming Violations’ in Southeast Care Industries

Thursday, Nov 17, 2022 11:00 AM to 12:30 PM Eastern Register now! Violations in 89 percent of investigations between 2020-2022, $16M in recoveries for workers As the nation marks Home Care and Hospice Month, the U.S. Department of Labor will hold a public webinar on federal wage and hour regulations for home care, residential care…

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification in the Home-Based Care Industry

By Angelo Spinola & Matthew Kapsak of Polsinelli The U.S. Department of Labor (“DOL”) is about to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The Proposed Rule, if adopted, will…

Dept of Labor Announces Listening Sessions on Revisions to Overtime Regs

  • Seeking input on executive, administrative, professional exemptions

The U.S. Department of Labor announced a series of listening sessions with workers, employers and workplace stakeholders on potential revisions to regulations used to enforce the Fair Labor Standards Act’s minimum wage and overtime exemptions for executive, administrative and professional employees.

The FLSA requires employers to pay most U.S. employees at least the federal minimum wage for all hours worked, and overtime pay at not less than time and one-half the regular rate of pay for hours worked over 40 in a workweek.

The law, however, provides an exemption from minimum wage and overtime pay for workers employed as “bona fide” executive, administrative or professional employees. To be exempt, employees must generally meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week.

“Our goal is to use these sessions to listen, engage workers and hear their perspectives on the possible impact of changes to the regulations,” explained Acting Wage and Hour Division Administrator Jessica Looman. “As we consider the needs of today’s workforce and industry demands, we need public input to ensure that revisions to the overtime regulations fulfill the original intent and promise of the law.”

In fiscal year 2021, the department’s Wage and Hour Division recovered more than $138 million in overtime back wages for more than 145,000 workers. In its FLSA investigations, the division found overtime back wages represented 80 percent of all back wages found due.

The division announced that it will hold a listening session for workers, employee stakeholders and union representatives as follows:

WHO:                         Employees, Employee advocates and union representatives

WHEN:                      Thursday, May 5, 2022 at 6-7 p.m. EDT

WHERE:                    Register for the Southeast Worker Overtime Listening Session Registration

Dept of Labor Announces Listening Sessions on Revisions to Overtime Regs

  • Seeking input on executive, administrative, professional exemptions

The U.S. Department of Labor announced a series of listening sessions with workers, employers and workplace stakeholders on potential revisions to regulations used to enforce the Fair Labor Standards Act’s minimum wage and overtime exemptions for executive, administrative and professional employees.

The FLSA requires employers to pay most U.S. employees at least the federal minimum wage for all hours worked, and overtime pay at not less than time and one-half the regular rate of pay for hours worked over 40 in a workweek.

The law, however, provides an exemption from minimum wage and overtime pay for workers employed as “bona fide” executive, administrative or professional employees. To be exempt, employees must generally meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week.

“Our goal is to use these sessions to listen, engage workers and hear their perspectives on the possible impact of changes to the regulations,” explained Acting Wage and Hour Division Administrator Jessica Looman. “As we consider the needs of today’s workforce and industry demands, we need public input to ensure that revisions to the overtime regulations fulfill the original intent and promise of the law.”

In fiscal year 2021, the department’s Wage and Hour Division recovered more than $138 million in overtime back wages for more than 145,000 workers. In its FLSA investigations, the division found overtime back wages represented 80 percent of all back wages found due.

The division announced that it will hold a listening session for workers, employee stakeholders and union representatives as follows:

WHO:                         Employees, Employee advocates and union representatives

WHEN:                      Thursday, May 5, 2022 at 6-7 p.m. EDT

WHERE:                    Register for the Southeast Worker Overtime Listening Session Registration

Dept of Labor Announces Listening Sessions on Revisions to Overtime Regs

Seeking input on executive, administrative, professional exemptions The U.S. Department of Labor announced a series of listening sessions with workers, employers and workplace stakeholders on potential revisions to regulations used to enforce the Fair Labor Standards Act’s minimum wage and overtime exemptions for executive, administrative and professional employees. The FLSA requires employers to pay most U.S. employees at least the federal…

Dept of Labor to Educate Care Industry on Wage Laws

As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022.

The virtual summit brings together industry stakeholders from Illinois, Indiana, Iowa, Kansas, Nebraska, Ohio, Michigan, Minnesota, Missouri and Wisconsin for an in-depth discussion about issues affecting federal labor law compliance within the health care industry in the Midwest.

“We want to hear directly from stakeholders in the healthcare industry about what the Wage and Hour Division can do to enhance their understanding of federal wages laws, provide resources and ensure essential healthcare workers are receiving the wages they are due,” said Wage and Hour Regional Administrator Michael Lazzeri in Chicago. “The healthcare industry has faced relentless challenges throughout the pandemic, and the Wage and Hour Division is committed to taking better take care of those who take care of us.”

Investigations by the Wage and Hour Division recovered more than $22.7 million for Midwest healthcare workers from 2019 to 2021 as a result of violations of worker protections under the Fair Labor Standards Act.

“The U.S. Department of Labor has had its sights focused on home care for many years,” said NAHC President William A. Dombi. “One reason is that there continues to be employee complaints and audit findings demonstrating employer noncompliance with the Fair Labor Standards Act. That noncompliance can be very costly for home care companies. We strongly recommend that home care companies stay on top of all the federal and state wage and hour law requirements and consider internal self-audits as a tool to avoid liabilities.”

Building on the Essential Workers – Essential Protections Initiative, the Wage and Hour Division embarked on a series of steps to increase communication between health care employers and the federal agency. They conducted more than 70 listening sessions with over 500 stakeholders across 50 cities nationwide.

“The U.S. Department of Labor’s recently announced ‘Good Jobs Initiative’ focuses on connecting the dots between the needs of employers and workers. The disruption caused by the pandemic provides a unique opportunity to ensure full and fair employment opportunities and proper wages as the country goes back to work. We can improve conditions for women who dominate the healthcare industry, and the nation’s economic recovery can propel us toward greater equity,” Lazzeri added.

Dept of Labor to Educate Health Care Industry on Wage Laws

March 23, 2022 10AM to Noon Eastern Register to attend As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022. The virtual summit brings together industry stakeholders from…

Dept of Labor to Educate Health Care Industry on Wage Laws

As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022.

The virtual summit brings together industry stakeholders from Illinois, Indiana, Iowa, Kansas, Nebraska, Ohio, Michigan, Minnesota, Missouri and Wisconsin for an in-depth discussion about issues affecting federal labor law compliance within the health care industry in the Midwest.

“We want to hear directly from stakeholders in the healthcare industry about what the Wage and Hour Division can do to enhance their understanding of federal wages laws, provide resources and ensure essential healthcare workers are receiving the wages they are due,” said Wage and Hour Regional Administrator Michael Lazzeri in Chicago. “The healthcare industry has faced relentless challenges throughout the pandemic, and the Wage and Hour Division is committed to taking better take care of those who take care of us.”

Investigations by the Wage and Hour Division recovered more than $22.7 million for Midwest healthcare workers from 2019 to 2021 as a result of violations of worker protections under the Fair Labor Standards Act.

“The U.S. Department of Labor has had its sights focused on home care for many years,” said NAHC President William A. Dombi. “One reason is that there continues to be employee complaints and audit findings demonstrating employer noncompliance with the Fair Labor Standards Act. That noncompliance can be very costly for home care companies. We strongly recommend that home care companies stay on top of all the federal and state wage and hour law requirements and consider internal self-audits as a tool to avoid liabilities.”

Building on the Essential Workers – Essential Protections Initiative, the Wage and Hour Division embarked on a series of steps to increase communication between health care employers and the federal agency. They conducted more than 70 listening sessions with over 500 stakeholders across 50 cities nationwide.

“The U.S. Department of Labor’s recently announced ‘Good Jobs Initiative’ focuses on connecting the dots between the needs of employers and workers. The disruption caused by the pandemic provides a unique opportunity to ensure full and fair employment opportunities and proper wages as the country goes back to work. We can improve conditions for women who dominate the healthcare industry, and the nation’s economic recovery can propel us toward greater equity,” Lazzeri added.

Department of Labor Withdraws Independent Contractor Rule

The U.S. Department of Labor announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA). The Department is withdrawing the rule for several reasons, including: The independent contractor rule was in tension with the FLSA’s text and…

Department of Labor Withdraws Independent Contractor Rule

The U.S. Department of Labor announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA).

The Department is withdrawing the rule for several reasons, including:

  • The independent contractor rule was in tension with the FLSA’s text and purpose, as well as relevant judicial precedent.
  • The rule’s prioritization of two “core factors” for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality of the circumstances related to the employment relationship.
  • The rule would have narrowed the facts and considerations comprising the analysis whether a worker is an employee or an independent contractor, resulting in workers losing FLSA protections.

Withdrawing the independent contractor rule will help preserve essential workers’ rights. The FLSA includes provisions that require covered employers to pay employees at least the federal minimum wage for every hour they work and overtime compensation at not less than one-and-one-half times their regular rate of pay for every hour over 40 in a workweek. FLSA protections do not apply to independent contractors.

In addition to preserving access to the FLSA’s wage and hour protections, the department anticipates that withdrawing the independent contractor rule will also avoid other disruptive economic effects that would have been harmful to workers had the rule gone into effect.