In March 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced a new pilot program, the Payroll Audit Independent Determination (PAID) program. The employer-friendly program was intended to expedite the resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA) by encouraging employers to audit their payroll practices and self-report unintended payroll errors. After the initial pilot period ended, it became a permanent feature of the WHD until January 29, 2021, when the division announced its immediate termination. The Biden administration explained its rationale by stating the program “deprived workers of their rights and put employers that play by the rules at a disadvantage.”

One of our firm’s clients is a large employer under the Patient Protection and Affordable Care Act (ACA), with an employee working 26 hours per week during the day plus two nights per week on-call while at home. It recently asked if it could include the on-call hours to bring her eligibility up to 30 hours. Read on for our answer.

With the confirmation of Marty Walsh as the new secretary of the U.S. Department of Labor (DOL), employers shouldn’t be surprised to see a more proemployee climate on the federal level.

When does an individual qualify as an "employer" under the Fair Labor Standards Act? That definition encompasses more individuals than you may think. A recent Arizona case illustrates the personal liability risk for owners and managers on FLSA claims.

The Department of Labor has paused rules that would have made it easier for businesses to justify classifying workers as independent contractors that were set to take effect on March 8.

COVID-19 isn't the only obstacle to the long-term survival of our favorite local restaurants, pizza shops, and dive bars. Massachusetts' wage and hour laws are incredibly protective of employees who rely on gratuities, including servers, bartenders, and the drivers who deliver your take-out. And with automatic triple damages attached to most wage violations in the state, mistakes can be incredibly costly if not outright ruinous. So, for employers running businesses with tipped employees on staff, the following refresher may come in handy.

Before the COVID-19 crisis, employees could pop into the office supply closet for the ream of paper they needed to print that 50-page report or a box of staples or pens to refill their dwindling stash. Now, they may be buying office supplies as they work from home. To ensure costs don’t spiral out of control and to reduce the risk of potential wage and hour claims, employers should develop or fine-tune their remote work purchasing and reimbursement policies.