Jeffrey H. Ruzal

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Financial Services Employment Law, Hospitality Labor and Employment Law, Management Memo, Wage and Hour Defense Blog

Latest Articles

Hospitality Labor and Employment Law

U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling

By Jeffrey H. Ruzal on October 9, 2019

Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements involving employers that operate in the hospitality industry. Today, the U.S. Department of Labor (“DOL”) published proposed rulemaking that aims to bring greater clarity to the morass of tip-related legislation, as well as previous agency rules and interpretations. I describe below some of the…

Management Memo

DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements

By Jeffrey H. Ruzal & Carly Baratt on September 30, 2019

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an opinion letter regarding the designation of FMLA leave in the context of employees covered by collective bargaining agreements (“CBA”) with a union. This opinion letter provides helpful clarification on an issue that is often a source of confusion for employers (as well as for unions). Overview Earlier this year, the WHD advised that once an eligible employee communicates a need to take…

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … Navigating Travel Time Pay

By Jeffrey H. Ruzal on September 27, 2019

What is considered compensable travel time pursuant to the Fair Labor Standards Act (“FLSA”) is not always clear or intuitive to employers, even for those who usually have a good handle on wage and hour laws. This blog post hopefully will simplify the requirements set forth in the U.S. Department of Labor’s (“DOL”) regulations and interpretive guidance to help clarify when employees must be paid for travel time. Ordinary Home-to-Work Travel Likely not a surprise…

Wage and Hour Defense Blog

Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption

By Jeffrey H. Ruzal & Carly Baratt on September 17, 2019

Shopping-Mall-shutterstock_107374190-1280

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to issue guidance at a rapid pace, releasing a new opinion letter regarding the retail or service establishment overtime exemption under the Fair Labor Standards Act (“FLSA”). The letter brings clarity to a recurring issue affecting retailers. FLSA Section 7(i) Exemption As background, FLSA Section 7(i) exempts a retail or service establishment employee from the FLSA’s overtime pay requirements if (i) the employee’s regular rate…

Wage and Hour Defense Blog

Proposed Rule Would Change the FLSA’s Fluctuating Workweek Method of Calculating Overtime Pay

By Jeffrey H. Ruzal & Carly Baratt on August 26, 2019

overtime_clock_shutterstock_553005508_1280x720

As part of its spring 2019 regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) will consider a proposed revision to the Fair Labor Standard Act’s (“FLSA”) regulations on calculating overtime pay for workers whose hours fluctuate from week to week. Generally, non-exempt employees covered by the FLSA must receive overtime pay for hours worked in excess of 40 in a workweek at a rate at least time and one-half their regular…

Wage and Hour Defense Blog

DOL Releases New Opinion Letters on FLSA Section 7(k) and Public Agency Volunteers

By Jeffrey H. Ruzal & Carly Baratt on August 12, 2019

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) shows no signs of fatigue as it releases two new opinion letters on the Fair Labor Standards Act (“FLSA”) within the first week of August. These opinion letters address the FLSA’s partial overtime exemption on a “work period basis” and the status of public agency volunteers. As we have previously advised, employers should read the WHD’s opinion letters carefully and consult with experienced counsel with…

Wage and Hour Defense Blog

New York State Passes Bill Allowing Employees to Place a Lien on Employer’s Property for Accusation of Wage Violations

By Jeffrey H. Ruzal on July 26, 2019

The New York State Assembly and Senate have passed a potentially groundbreaking act (S2844B/A486B) (the “Act”) that would allow current or former employees to obtain liens on their employer’s personal and real property based upon only the mere accusation of wage violations. And it arguably would allow those employees to obtain liens against individuals, including owners, managers and supervisors. If the Act is signed by Governor Cuomo, New York would join…

Wage and Hour Defense Blog

Newest Wage and Hour Opinion Letter Addresses Sleeping, Waiting, and Travel Time Principles

By Jeffrey H. Ruzal & Carly Baratt on July 25, 2019

truck_sleep_night_truck_stop_truckstop_shutterstock_583903186_1280x720

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued an opinion letter addressing the compensability of a long-haul truck driver time in a truck’s sleeper berth during multi-day trips. While this question is highly fact-specific, the WHD’s response offers a useful refresher on the widely applicable Fair Labor Standards Act (“FLSA”) concepts of compensability of waiting, sleeping, and traveling time. In Opinion Letter FLSA2019-10, issued on July 23, 2019, the employer…

Wage and Hour Defense Blog

New Wage and Hour Opinion Letters on Nondiscretionary Bonuses, the Highly Compensated Employee Exemption, and Rounding Practices

By Jeffrey H. Ruzal & Carly Baratt on July 8, 2019

After a brief, two-month hiatus, the Wage and Hour Division of the U.S. Department of Labor (“WHD”) has issued another round of opinion letters answering various questions submitted by the public. Specifically, these opinion letters address the calculation of overtime pay for nondiscretionary bonuses, the application of the highly compensated employee exemption to paralegals, and rounding hours worked under the Service Contract Act (“SCA”). This guidance marks the first issued by the new Wage and…

Hospitality Labor and Employment Law

DOL Proposes New Rule to Determine Joint Employer Status under the FLSA

By Adriana S. Kosovych, Jeffrey H. Ruzal & Steven M. Swirsky on April 10, 2019

In the first meaningful revision of its joint employer regulations in over 60 years, on Monday, April 1, 2019 the Department of Labor (“DOL”) proposed a new rule establishing a four-part test to determine whether a person or company will be deemed to be the joint employer of persons employed by another employer. Joint employer status confers joint and several liability with the primary employer and any other joint employers for all wages due to…

Jeffrey H. Ruzal

U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling

DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements

Time Is Money: A Quick Wage-Hour Tip on … Navigating Travel Time Pay

Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption

Proposed Rule Would Change the FLSA’s Fluctuating Workweek Method of Calculating Overtime Pay

DOL Releases New Opinion Letters on FLSA Section 7(k) and Public Agency Volunteers

New York State Passes Bill Allowing Employees to Place a Lien on Employer’s Property for Accusation of Wage Violations

Newest Wage and Hour Opinion Letter Addresses Sleeping, Waiting, and Travel Time Principles

New Wage and Hour Opinion Letters on Nondiscretionary Bonuses, the Highly Compensated Employee Exemption, and Rounding Practices

DOL Proposes New Rule to Determine Joint Employer Status under the FLSA

Company

Support

New to the Network