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
Peters, Revnew, Kappenman & Anderson, P.A.
Peters, Revnew, Kappenman & Anderson, P.A. is a law firm that provides legal insights primarily focused on employment law and labor regulations. Their publications cover topics such as state and federal employment laws, wage and hour regulations, contractor compliance, and workplace rights. The firm analyzes legislative changes, regulatory updates from agencies like the U.S. Department of Labor and Equal Employment Opportunity Commission, and their implications for employers and employees. Their content includes detailed explanations of new laws, compliance requirements, and enforcement trends affecting employers, particularly in Minnesota and federal contracting contexts.
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DOL Issues Opinions Relating to the Outside Sales Exemption
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…
DOL – Closed Schools Are In Session When Virtual Learning Takes Place – Usually
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…
DOL Issues Guidance Regarding Time Off Under FFCRA Due to Summer Camp Closure Due to COVID-19
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…
DOL Issues Final Rule Allowing Employers to Pay Bonuses Under Fluctuating Workweek Method
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…
Commercial Motor Vehicle Hours of Service Rule Amended
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…
EEOC Suspends EEO-1 Data Collection Until 2021
Due to COVID-19 and related delays in Federal reporting requirements across the government, the EEOC has recently announced that it is delaying collection of 2019 EEO-1 Component 1 data (employment data categorized by race/ethnicity, gender and job category) until the…
DOL Issues Final Rule Providing Flexibility to Retail and Service Industry Employers
On Monday, May 18, 2020, the U.S. Department of Labor released a final rule, effective immediately, regarding retail and service industry exceptions from overtime for employees primarily paid on commissions. The new rule simply removes two (2) previous provisions…
DOL Issues 3 New Opinion Letters Regarding Excludability of Payments from the Regular Rate
On March 26, 2020, the U.S. Department of Labor (DOL) issued three new Opinion Letters, FLSA2020-3, FLSA2020-4, and FLSA2020-5 which all address various payments that may be excluded from the regular rate. This is important because the compensation…
Minnesota Employers Must Now Notify Employees to Apply for Unemployment
Minnesota employers should be aware that, pursuant to Governor Walz’s Executive Order 20-29, effective April 6, 2020 until December 31, 2020, Minnesota employers “must notify separated employees that they can apply for unemployment insurance benefits.” In addition, the executive…