Author: Ken Frazer

For businesses in the “gig”, “on-demand” or the boldly insidious name of “sharing” economies, the U.S. Dept. of Labor (DOL) delivered an early Fair Labor Standards Act (FLSA)  Christmas gift wrapped in the form of an opinion letter.
The U.S. Dept. of Labor announced a proposed rule on April 1, 2019 to revise the rules regarding joint employment under the Fair Labor Standards Act (FLSA). Joint employment is when two or more entities share responsibility (liability) for employees. The Notice points out that there has been no meaningful change in the regulation since 1958 and that the previous administration attempted change at a sub-regulatory level.
Just about everyone agrees that industry specific jargon distracts and confuses. Consequently, most people try their best to avoid that when addressing outside audiences. Sometimes, those efforts can lead to a little more confusion, like the latest rule change proposal recently announced by the Dept. of Labor discussing “overtime.”

One interesting violation caught my eye in a recent news release from the U.S. Dept. of Labor Wage and Hour Division: an appliance retailer named Conn’s out of Houston was penalized more than  $500,000. This was because after having carefully structured its pay as qualifying...

Though technically not detritus, the influx of unscrupulous or inexperienced contractors that descend on communities after large natural disasters are as immediately present as the rest of the debris left behind. It is for this reason that the U.S. Dept. of Labor Wage and Hour...

Allergy sufferers may offer temporary relief from the payment of OT wages but employers run the risk of $erious $ide Effect$. Let’s face it, everybody loves a good bargain. If you can reduce your labor costs by some neat trick, voila! You’ll have a bargain, in...

The stated intent of this bulletin for Home Health Nursing and Caregiving industry is to help clarify the issue of employment versus contract labor for the DOL-Wage & Hour Division (WHD) field staff in their investigations. It is supposed to help them determine whether workers...

I couldn’t help but marvel a bit over two posts on the U.S. Dept. of Labor Wage & Hour web site last month. One detailed a recently resolved case in which an employer, a car wash, was found to be in violation of the Fair...