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On May 29, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued four new Fair Labor Standards Act (FLSA) opinion letters. Two of them—FLSA2026-5 and FLSA2026-8—address questions that come up frequently for employers managing exempt classifications and timekeeping practices. Below is a summary of each. Dual-position Employees Can Retain Exempt Status […]
Yesterday’s Advisor explored employer responsibilities when it comes to joint employment. Today we’ll take a look at the responsibilities of the secondary employer.
A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors. On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 […]
Today’s Advisor reports on recent guidance issued by two national occupational safety organizations for dealing with green tobacco sickness in workers.
It’s time for another wage and hour roundup—our regular collection of cases that remind HR managers that wage and hour violations are still prevalent—and expensive.
“Every spring, as college students nationwide prepare for finals and pull all-nighters to wrap up their spring semesters, many simultaneously ramp up their search for the perfect internship,” says Laura Fortman, principal deputy administrator of the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) in a blog. “The WHD understands that these “foot-in-the-door” […]
A pharmacy chain is being sued over its requirement that employees undergo a “wellness exam” or pay a $600 surcharge on their health plan contribution. The lawsuit, filed in California state court as a class action, characterizes the surcharge as an illegal “wage deduction,” and contends that employees who did take the exam should have […]
[Go here for sins 1 through 6.] Sin #7. Making wagehour blunders We’re out of overtime. Can you clock out and then set up for tomorrow? You’ll be working alongside our regular employees, but you new recruits are all independent contractors. Tracy, make sure you stay close to the phone during lunch. Sandy, keep your […]
Sin #1. Making Unlawful Preemployment Inquiries That’s an interesting accent you have. Where were you born? Do you have any children? If so, will you have any daycare problems? By the way, we’re all about diversity here. Inappropriate questions during interviews and other preemployment contacts are a primary source for claims of discrimination. The courts […]
The federal government resumed operations this week. As the U.S. Department of Labor’s Wage and Hour Division gets up and running, operations to enforce the Fair Labor Standards Act are likely to resume quickly. Smart employers should brush up on DOL enforcement basics so they’re prepared. DOL is authorized by the FLSA to investigate and […]