Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers in typical Shuffle-mode fashion. Seems only appropriate as I pass along… Continue Reading
Tag Archives: usdol
Why Don’t You Get Paid For Time Spent Traveling From Home To Office?
Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & HourFrom time to time, there are various questions that keep recurring in the labor & employment law area. One of them is in the area of travel time for non-exempt employees. (For exempt employees, they get paid a fixed salary no matter how much time they work or travel.) The easiest question to answer is… Continue Reading
Interns: Assign Real Work or Menial Tasks? Neither, says The New York Times
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourBack in 2010, at the same time the U.S. Department of Labor was making a big publicity push on its interpretation of rules regarding unpaid interns, the New York Times ran piece noting how employers were skirting the law when it came to internships: The Labor Department says it is cracking down on firms that… Continue Reading
Don’t Let Your Babies Grow Up To Be Interns
Posted in Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & HourThe word “Interns” has turned into a dirty word for employment lawyers lately. But before you panic, it’s time to separate fact from fiction. Now, it IS true that a few years back, the United States Department of Labor signaled employers that it would start cutting down on the practice that some employers used of… Continue Reading
BREAKING: DOL Proposes New FMLA Rules Impacting Military Leave
Posted in Laws and Regulations, Wage & HourThe Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews. The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver… Continue Reading
What to Expect When You’re Expecting the Department of Labor
Posted in Highlight, Wage & HourAs I’ve noted before, both the U.S. and the Connecticut Department of Labor have had a renewed focus on investigating employers for compliance with state and federal wage & hour laws. But what should you expect when the DOL comes calling for an investigation (either as part of a random audit or a complaint)? First… Continue Reading
BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA
Posted in Laws and Regulations, Wage & HourAs expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act. What was unknown was how significant the proposed changes would be. The short answer: Pretty significant. The regulations substantially limit the companionship exemption under wage & hour laws to… Continue Reading
Quick Hits: Hartford’s Refusal to Use Credit Scores; Use of Criminal Records; DOL’s New iPhone App; Paid Sick Leave
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourUPDATED 5.16.11 We’re just one week away from our seminar on employment law. It’s essentially sold out but we’re still taking names for a waiting list. Those signing up will get first priority when we re-run this program in the fall. We’re also less than two weeks away from the re-launch of the Connecticut Employment… Continue Reading
More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA
Posted in Wage & HourLast month, it was the EEOC that released new regulations on the ADA. This week, it’s the Wage & Hour Division of the Department of Labor, that has released new regulations on the Fair Labor Standards Act. The new regulations will go into effect in early May 2011. While some of these revisions are more technical… Continue Reading
US Department of Labor Teams with ABA For Lawyer Referral Service
Posted in Wage & HourOn Friday, the White House announced a new partnership with the ABA designed to help workers whose complaints aren’t resolved by the U.S. Department of Labor find a lawyer through an ABA-approved lawyer referral service. According to the ABA Journal article explaining the program: [B]eginning on Dec. 13, workers with unresolved complaints under the… Continue Reading
All About Labor Day in Connecticut
Posted in Human Resources (HR) ComplianceShould Labor Day be celebrated on a Tuesday? That was one interesting fact about the start of Labor Day that I covered in a post a few years ago here. The United States Department of Labor, as you might expect, covers this topic fairly extensively on its website. According to the DOL, it "is a… Continue Reading
US Department of Labor Clarifies Definition of “Son or Daughter” Under FMLA, Affording Rights to Gay Parents
Posted in Laws and RegulationsThe United States Department of Labor late today issued a new interpretation of what a "son or daughter" is under the federal Family and Medical Leave Act (FMLA) to make it clear that an "employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or… Continue Reading
Quick Hits: USERRA Releases, DeepNet, World Cup, Telecommuting, Facebook Messages, Overtime on Commssions, Interns
Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourWith all the news about recent Supreme Court decisions, here are a few articles that you might of missed over the last few weeks: The Ohio Employer’s Law Blog reports on an interesting 6th Circuit decision that allows a USERRA claim (the statute that guarantees job restoration after military service) to be released in a separation… Continue Reading
DOL Redefines “Clothes” Under Federal Wage & Hour Laws; Now Excludes Protective Equipment Required by Law
Posted in Wage & HourThe United States Department of Labor today released a new "Administrator’s Interpretation" concerning the donning and doffing (or, in plain English, typically putting on and taking off) of clothing at the beginning and end of each workday. You can download the notice here. Under the FLSA, “changing clothes or washing at the beginning or end… Continue Reading
Podcast on Internships: What Employers Need to Know
Posted in Wage & HourWith the Department of Labor’s crackdown on unpaid interns continuing this year (for background, see my prior post), it seems appropriate to delve into the topic in some more detail. Fortunately, I’ve been asked to join The Proactive Employer in a podcast on the topic on Friday morning. Details and signups are available here. … Continue Reading
Revenge of the Interns! Department of Labor Continues Emphasis on Unpaid Internships
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourAs if to say, "…And We Really Mean It", the United States Department of Labor continued its publicity campaign on the issue of unpaid interns by releasing a Fact Sheet this week on whether and when interns need to be paid minimum wage or be treated as employees. If you recall, earlier this month, the… Continue Reading
Quick Hits: Paycheck Fairness Act, CHRO, Employee Misclassification, Amara v. CIGNA followup
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments, Wage & HourIt’s a big holiday today. So, let me be the first to say: Happy Evacuation Day — at least to my fellow blogger at Compliance Building. To everyone else, a Happy St. Patrick’s Day. Its been some time since my last look around the employment law universe, so here’s some quick hits of what else… Continue Reading
New Model COBRA Notices Are Finally Released by United States Department of Labor
Posted in Laws and RegulationsSeveral weeks after the passage of an extension of the COBRA subsidy provisions, the United States Department of Labor has finally released its model notices for employers to use. All of them are available here. There are three such forms, a General Notice form, a Premium Assistance Extension Notice, and an Updated Alternative Notice. … Continue Reading
USDOL Providing Webchats on Regulatory Agenda
Posted in Laws and RegulationsThis year, the U.S. Department of Labor has taken great strides to modernize the office and better serve the public. The new website is only part of that. This week, the DOL has begun a series of webchats with the public discuss the 2010 regulatory agenda and other issues facing the Department of Labor. They… Continue Reading
DOL Issues Fact Sheet on Furloughs Providing Needed Guidance to Employers Facing Tough Times
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourLast month, I discussed the topic of furloughs, which have become an attractive option to employers in lieu of layoffs. Recently, the United States Department of Labor issued a "fact sheet" that provided additional guidance for employers to some frequently asked questions on the topic. As the Employer Law Report said, "While the fact sheet contains no… Continue Reading
New FMLA Regulations – What Employers Need to Know – Part I
Posted in Laws and RegulationsAs I reported on Friday, the U.S. Department of Labor has released final regulations implementing the Family and Medical Leave Act (FMLA). The regulations (which you can dowload here) become effective on January 16, 2009. At 750 pages, you need a book just to summarize the changes (and I’m sure one of the legal book publishers… Continue Reading
New Final FMLA Regulations (Effective January 16, 2009) Now Available Electronically
Posted in Laws and RegulationsFollowing up on my earlier post about Monday’s official release of the new FMLA regulations, the regulations are now available electronically a few days before. You can download a copy here (though you are forewarned that it is over 700 pages long — about 2 MB). A cursory review of the document shows that the first 550… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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