On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the
Minnesota Wage & Hour
Empowering Employers & HR Professionals
The Minnesota Wage & Hour blog, published by Peters, Revnew, Kappenman & Anderson, P.A., focuses on employment law issues specific to Minnesota. It covers topics such as state wage and hour laws, including minimum wage updates and earned sick and safe time regulations. The blog also addresses compliance with federal labor standards like the Fair Labor Standards Act and the Davis-Bacon Act, including recent regulatory changes and enforcement trends. Additionally, it discusses worker classification issues, paid family and medical leave requirements, and coordinated enforcement efforts between federal agencies. The content is aimed at helping employers and legal professionals navigate evolving wage, hour, and employment regulations in Minnesota and federally related labor laws.
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End of a COVID Delay: EEOC to Start Collecting 2019 and 2020 EEO-1 Component 1 Data in April 2021
The EEOC announced today that it will start collecting 2019 and 2020 EEO-1 Component 1 Data (employment data categorized by race/ethnicity, gender and job category) for private employers beginning in April 2021. Note, this still does not include the controversial…
DOL Issues Final Rule Regarding Employee or Independent Contractor Analysis – Suggests Approval of Paying Benefits to Independent Contractors
*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.
As I blogged about a few months ago, on September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether…
Minnesota High School Students Eligible for Pandemic Unemployment Assistance (Unemployment)
Effective today, December 11, 2020, the State of Minnesota will start processing and allowing unemployment compensation applications from high school students. While state law has not allowed high school students unemployment compensation since 1998, the Minnesota Court of Appeals recently…
How to Calculate the Regular Rate for an Employee Paid on a Piece-Rate Basis
On November 30, 2020, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2020-17, concerning how to calculate the regular rate of an employee paid on a piece-rate basis. In this situation, the employees are warehouse unloaders, and are…
Minnesota Minimum Wage Increases – January 2021
Happy New Year (almost)! Minnesota employers should be reminded that, effective January 1, 2021, minimum wage rates increase to $10.08 per hour for large employers and $8.21 for small employers (as well as a 90-day training wage for those under…
U.S. DOL Clarifies Construction Travel Time
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…
U.S. DOL Issues Opinion Letter Regarding Compensability of Voluntary Continuing Education Classes
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…
DOL Clarifies Families First Coronavirus Response Act Paid Leave Requirements
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…
DOL Issues Proposed Rule Regarding Independent Contractor Status Under FLSA
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…