Peters, Revnew, Kappenman & Anderson, P.A.

U.S. DOL Clarifies Construction Travel Time

By Corie J. Anderson

November 12, 2020

On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-16, regarding the compensability of travel time for non-exempt (hourly) foreman and laborers. These are issue that frequently arise with construction employers, so it is nice the DOL has finally provided some additional guidance. Especially where, as the DOL finally acknowledged, the employee benefits from the arrangement. This opinion letter considers three commute scenarios. The first is local…

Minnesota Wage & Hour

U.S. DOL Issues Opinion Letter Regarding Compensability of Voluntary Continuing Education Classes

By Corie J. Anderson

November 12, 2020

On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-15 regarding compensation under the Fair Labor Standards Act (FLSA) for time employees spend attending voluntary training programs such as outside, ongoing continuing education classes (CEUs). The employer at issue is a non-profit hospice care provider with clinical staff such as nurses, social workers, health aids and providers, all of whom have ongoing continuing education requirements for their…

Minnesota Wage & Hour

DOL Clarifies Families First Coronavirus Response Act Paid Leave Requirements

By Corie J. Anderson

September 25, 2020

On September 11, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division revised the paid leave provisions (including sick leave and expanded family and medical leave) of the Families First Coronavirus Response Act (FFCRA). As a reminder, the paid leave requirements under the FFCRA are (currently) set to expire on December 31, 2020. Specifically, the DOL made the following clarifications related to paid leave: Employees may only take FFCRA leave if work would…

Minnesota Wage & Hour

DOL Issues Proposed Rule Regarding Independent Contractor Status Under FLSA

By Corie J. Anderson

September 25, 2020

On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an “independent contractor”. In short, the proposed rule uses the “economic reality” test as the basis for whether a worker is an employee or independent contractor. The “economic reality” test considers whether a worker is: 1) in business for him/herself (thus, an…

Minnesota Wage & Hour

Fluctuating Workweek Method for Paying Overtime – DOL Opines It Need Not Fluctuate Below 40 Hours Per Week

By Corie J. Anderson

September 18, 2020

On August 31, 2020, the U.S. Department of Labor (DOL) issued an opinion letter addressing whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method (FWM) of calculating overtime pay. Although this post is primarily for employers who have already instituted the FWM, if you’re curious on what the FWM is or how it works, check out my previous post. Additionally, the DOL recently issued…

Minnesota Wage & Hour

DOL Issues Opinions Relating to the Outside Sales Exemption

By Corie J. Anderson

July 2, 2020

On June 25, 2020, the U.S. Department of Labor (DOL) issued two opinion letters concerning the exemption of outside salespeople. In FLSA2020-6, the DOL opined that an employee qualifies for the outside sales exemption when deployed to high-population areas and events to sell products via stylized trucks (which is not itself a “place of business” as it is not fixed location), stocked with merchandise, marketing displays and demonstration units. In this set of facts,…

Minnesota Wage & Hour

DOL – Closed Schools Are In Session When Virtual Learning Takes Place – Usually

By Corie J. Anderson

July 2, 2020

On June 26, 2020, the U.S. Department of Labor issued Field Assistance Bulletin No. 2020-3, clarifying that, for purposes of federal child labor laws (which dictate hours of work for minors), schools that are “closed” for COVID-19 are “in session” so long as the child is required to participate in virtual or distance learning. While summer school is considered “outside of school hours”, if a school district makes summer instruction mandatory to make up…

Minnesota Wage & Hour

DOL Issues Guidance Regarding Time Off Under FFCRA Due to Summer Camp Closure Due to COVID-19

By Corie J. Anderson

July 1, 2020

On June 26, 2020, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2020-4, addressing employee paid leave under the Family First Coronavirus Response Act (FFCRA) to care for a child whose summer camp, enrichment or other program is closed due to COVID-19. The FFCRA allows an employee up to 10 weeks paid leave (Expanded Family and Medical Leave – EFMLA) to care for a child(ren) “whose place of care is closed…

Minnesota Wage & Hour

DOL Issues Final Rule Allowing Employers to Pay Bonuses Under Fluctuating Workweek Method

By Corie J. Anderson

June 30, 2020

On May 20, 2020, the U.S. Department of Labor (DOL) published its final rule allowing employers to pay bonuses and incentives to employees who are paid a salary plus overtime on the fluctuating workweek method (FWM) of computing overtime (employees who are paid a salary whether they work few hours or many, plus 1/2 overtime rate – usually seasonal businesses such as landscaping – see my earlier post about how this method works if you…

Minnesota Wage & Hour

Commercial Motor Vehicle Hours of Service Rule Amended

By Corie J. Anderson

May 20, 2020

Just a quick update (as I recognize this likely doesn’t affect many reading this blog) – on May 14, 2020, the Federal Motor Carrier Safety Administration released a final rule that updates the hours of service rules. However, the amendment neither increases driving time, nor the requirement that a 30-minute break be taken within eight (8) consecutive driving hours. In sum, the Final Rule: Requires a 30-minute break after eight (8) hours of consecutive driving…

Peters, Revnew, Kappenman & Anderson, P.A.

Peters, Revnew, Kappenman & Anderson, P.A. Blogs

Blog Authors

U.S. DOL Clarifies Construction Travel Time

U.S. DOL Issues Opinion Letter Regarding Compensability of Voluntary Continuing Education Classes

DOL Clarifies Families First Coronavirus Response Act Paid Leave Requirements

DOL Issues Proposed Rule Regarding Independent Contractor Status Under FLSA

Fluctuating Workweek Method for Paying Overtime – DOL Opines It Need Not Fluctuate Below 40 Hours Per Week

DOL Issues Opinions Relating to the Outside Sales Exemption

DOL – Closed Schools Are In Session When Virtual Learning Takes Place – Usually

DOL Issues Guidance Regarding Time Off Under FFCRA Due to Summer Camp Closure Due to COVID-19

DOL Issues Final Rule Allowing Employers to Pay Bonuses Under Fluctuating Workweek Method

Commercial Motor Vehicle Hours of Service Rule Amended

Stay Connected

Company

Products

Support

New to the Network

Peters, Revnew, Kappenman & Anderson, P.A. Blogs

Blog Authors

Latest from Peters, Revnew, Kappenman & Anderson, P.A.