Corie J. Anderson

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On March 29, 2019, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) under the Fair Labor Standards Act (FLSA).  The proposed rules will clarify for employers what types of compensation must be included when determining an employee’s “regular rate” in order to determine the overtime rate. This is a conversation I have with various employers weekly and will be welcome guidance. Recall, overtime is time and one-half the “regular rate”.…
The U.S. Department of Labor has issued yet another opinion letter sorting out when an employee need not be paid while volunteering.  DOL Opinion Letter FLSA2019-2 was one of three letters issued on March 12, 2019. In this case, an employer inquired whether an employee’s time spent in its optional volunteer program was compensable as “hours worked” under the Fair Labor Standards Act (FLSA). In short, this employer tracks employee’s hours volunteering and awards a…
On March 14, 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FMLA2019-1-A. While most opinion letters do not come a surprise to me, this one I cannot say the same…more like a deer-in-the-headlights type of moment (I knew some of you were wondering what in the heck a deer had to do with the DOL). Indeed, the DOL clarified its position that while an employer may require an employee to use PTO…
On March 14, 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2019-1. In this situation, an employer asked whether the FLSA applies when its employees (live-in superintendents and residential janitors) are exempt from state law overtime. The DOL confirmed what I’ve posted about several times: When a federal, state, or local minimum wage or overtime law differs from the FLSA, the employer must comply with both laws and meet the standard of…
On April 3, 2019, the EEOC represented to the U.S. District Court for the District of Columbia that it would require Component 2 data (hours and pay by race, ethnicity and sex) for the EEO-1 report by September 30, 2019.  This is in addition to the May 31, 2019 deadline for the EEO-1 Component 1 data (the regular data that was not contested in litigation recently). The EEOC has not made any formal public announcement,…
The day has arrived!  The US Department of Labor’s (DOL) Notice of Proposed Rulemaking, revising the Fair Labor Standards Act (FLSA), has been published in the Federal Register. Thus, the public comment period is open for 60 days (to May 21, 2019). For a short overview of the changes, you can read my previous post here. While I recognize most of you reading this will not make a public comment, that date is more…
Employers required to file an EEO-1 (hopefully you know who you are…certain federal contractors/subcontractors), must do so between March 18, 2019 and May 31, 2019 via the EEO-1 website. Importantly, on March 4, 2019, the U.S. District Court for the District of Columbia held that the Office of Management and Budget’s stay of the revised EEO-1 (which sought workforce pay data) was improper. Thus, the DOL may require employers to report employee pay data.…
On March 7, 2019, HR 2274 was introduced in the Minnesota House of Representatives that would very simply change the state overtime requirement from 48 hours to 40 – matching the federal FLSA. This bill would simply strike “48” from Minn. Stat. 177.25, and replace it with “40”.  It has been referred to the Labor Committee. Not much else to report at this time. However, given how many employers are under the purview of the…
Today the Minnesota Department of Labor and Industry (MNDOLI) issued employers yet another reminder not to engage in “wage theft” from employees, and encouraged subscribers to share the message. So, I’ll do my civic duty and share. In short, MNDOLI reminds employers of the following (with my comments below each point): Pay your employees the applicable state minimum wage. Minnesota’s 2019 minimum-wage rates are $9.86 an hour for large employers and $8.04 an hour for…
The day we’ve all been waiting for has arrived! Perhaps not quite that exciting, but the U.S. Department of Labor has finally issued its Notice of Proposed Rulemaking, its second attempt at updating the Fair Labor Standard’s Act’s (FLSA) so-called “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. As I’m sure you know (or you can read ad nauseum on my blog), in order to qualify to be exempt from the…