Posts tagged Department of Labor
U.S. Department of Labor Proposes Increasing Salary Requirement for White Collar Overtime Exemptions

On March 7, 2019, the United States Department of Labor (USDOL) published a Notice of Proposed Rulemaking to increase the minimum salary level for workers exempt from overtime.

Under federal law workers are generally entitled to receive overtime for any hours worked over 40 in a week, unless they are exempt from overtime under a specific exemption set forth in the Fair Labor Standards Act (FLSA). The most common exemptions are the "white collar exemptions"

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New Jersey Clears Up Some Unanswered Sick Leave Questions with the Publication of FAQs

As readers of this blog are aware, New Jersey's Earned Sick Leave Law became effective on October 29, 2018. We had previously written about the law, as well as the proposed regulations and the Notice of Employee Rights, which were issued by the New Jersey Department of Labor (NJDOL). 

 The NJDOL recently issued its Earned Sick Leave FAQs, which answer some previously open questions concerning the new law. Of particular note, the FAQs answer whether employers can prorate "front-loaded" grants of paid sick leave for new and part-time employees and the eligibility under the law of employees who work both within and outside of New Jersey.

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New Jersey Issues Proposed Regulations for the State's Paid Sick Leave Law

As we previously reported, New Jersey's Paid Sick Leave Act becomes effective on October 29, 2018. In anticipation of the upcoming effective date for the new law, the New Jersey Department of Labor (NJDOL) recently released its proposed regulations concerning the Act.

 The proposed regulations answer several questions created by the statutory language of the Act. Some of the more significant ones are noted below.

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Changes to Tip Pooling Rules - Congress Amends the FLSA and DOL Issues Field Guidance on Tip Pooling

In a prior post I discussed the Department of Labor's (DOL) proposed changes to the tip sharing rules of the Fair Labor Standards Act (FLSA), which would allow employers to require mandatory tip pooling if the employer did not take a tip credit for minimum wage compliance purposes. The proposed rule change quickly received negative criticism from restaurant workers and labor advocates due to the fear that the proposed rule would result in employers paying tipped employees minimum wage in order to retain employee tips.

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What Employers Need to Know About the Proposed Changes to the FLSA Tip Sharing Rules

On December 5, 2017, the Department of Labor (DOL) published a Proposed Rule rescinding its 2011 regulations concerning mandatory tip pooling.

Under the Fair Labor Standards Act (FLSA), employers may, in certain situations, take a "tip credit" for some of the tips a tipped employee receives to satisfy the employer's minimum wage obligations. 

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Employees Must be Paid for Breaks Shorter than 20 Minutes, Third Circuit Holds

Does your business have an employee break policy? Do you pay employees during their coffee, bathroom, and other short breaks? According to the Third Circuit Court of Appeals (which has jurisdiction over New Jersey), if those breaks last less than 20 minutes, employees must be paid for that time under the Fair Labor Standards Act (FLSA).

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