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As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage obligations if an employee regularly receives tips. This is referred to as a "tip...

As a result of the COVID-19 pandemic, on December 29, 2020, the United States Department of Labor (DOL) announced that it will consider a telemedicine visit with a health care provider as an in-person visit when establishing a serious health condition under the Family and Medical Leave Act (FMLA).

The Pennsylvania Senate passed Senate Bill 79 on November 20, 2019, which would raise the minimum wage but also halt the state Department of Labor and Industry ("DLI") from raising the salary threshold for overtime wages. The bill, which still needs to pass the house and be signed by the governor...

On September 24, 2019, the U.S. Department of Labor ("DOL") revised the salary threshold for the Fair Labor Standards Act ("FLSA") exemptions. The change could cause millions of Americans to be reclassified as non-exempt. The FLSA requires employers to pay overtime wages for all time worked in...

On October 8, 2019, the Department of Labor ("DOL") issued long awaited rules that could have a significant impact in the restaurant industry. The proposed rules would broaden employers' abilities pay tip credit wages for non-tipped work and to include both front and back of the house employees in...

On August 8, 2019, the Department of Labor (DOL) released an Opinion Letter clarifying that parents of students with special education needs may take leave under the Family Medical Leave Act (FMLA) to attend a meeting related to addressing those needs. Importantly, the DOL stated that its analysis...

In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy. In doing so, the WHD took a narrow view, and found that digital platforms that connect...

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It is the employer’s obligation to designate leave as FMLA-qualifying. The employer must provide notice to...

On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. Two years ago, the Department announced its intent to adopt predictive scheduling regulations. In 2018, the Department...

On March 7, 2019, the Department of Labor released its long-promised proposed rule raising the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s exemption threshold to $35,308 annually. Based on a 40-hour work week, the increase equates to about a $17.00 per...

This year, private-sector employers in New York must provide employees with more paid family leave than ever before. In addition to State-mandated family leave, New York City officials have proposed new legislation that, if enacted, would provide paid personal leave for all employees who work in the...

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