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McBrayer Blogs

Showing 9 posts in U.S. Department of Labor.

The Big and Small Implications in Perez v. Mortgage Bankers Association

There are two important takeaways from Perez v. Mortgage Bankers Association,[1] one with a broad scope and the other much narrower. The broader ruling exempts agency interpretations of laws and regulations from any notice and comment requirements under the Administrative Procedures Act (“APA”), allowing agencies to substantially alter interpretations without notice. On a different note, however, is the finding that Department of Labor (“DoL”) Fair Labor Standards Act (“FLSA”) classification interpretations are subject to change at any moment. More >

More Workers Eligible for Overtime in the Future, Cont.

Recently, President Obama signed an order which directed the Department of Labor to reexamine how employees are paid for working more than 40 hours per week. According to the President, "[o]vertime is a pretty simple idea. If you have to work more, you should get paid more.” More >

Dealing with the DOL at Your Door, Part I

The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be  taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages.  Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >

New Administrator’s Interpretation Could Expand FMLA Coverage

Under the Family Medical Leave Act (“FMLA”), eligible employees are provided up to twelve weeks of unpaid, job-protected leave per year.  Eligible employees can take FMLA leave for, among other things, the birth and care of a newborn child.  Although the FMLA broadly defines a “son or daughter” under this provision to include a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis”, it does not expressly confirm whether employees may take leave to care for a son or daughter over the age of eighteen. More >

Employers and the "Contraceptive Mandate"

While the Patient Protection and Affordable Care Act (“ACA”) has been largely left to health care lawyers to dissect and review, the “contraceptive mandate” has gained wide media publicity and many employers are interested in how these particular regulations will affect them. More >

Your Employees Get Tips, So Should You

Some tips for complying with state and federal wage and hour laws for tipped employees. More >

Inclement Weather and Time Off Issues: To Pay or Not to Pay

With winter closing in, the possibility of bad weather brings potential attendance issues to the forefront of our minds. Icy roads and snow storms in Kentucky often cause delays and closings of not only schools but also businesses. Of course safety is the primary concern for everyone in extreme weather conditions, but employers must think beyond the logistics of employees getting to work or staying home. Absences due to bad weather impact the productivity of a business, and raise questions regarding the calculation of pay and how an employee’s time should be tracked. These issues are further complicated when dealing with a mix of exempt and non-exempt employees, however the U.S. Department of Labor (DOL) does offer some guidelines to assist an employer in determining their rights and responsibilities when bad weather impacts employee attendance. More >


Over the past several years, more and more employers are attempting to cut costs by hiring individuals as independent contractors as opposed to employees. This trend, however, has caught the attention of the Federal Department of Labor, which this year has again increased its budget to “detect and deter” misclassification of workers as independent contractors. This budget also includes the addition of dozens of new full time employees dedicated to investigate possible violations resulting from misclassification. More >

The Professional Overtime Exemption

Posted In Employee Contracts, Employment Law, Social Media, U.S. Department of Labor, Wage and Hour

Earlier this month, Wal-Mart agreed to pay over $4.8 million in back wages and damages to employees across the country for failure to pay overtime wages as a result of an investigation of the U.S. Department of Labor.  The Department of Labor found that Wal-Mart misclassified over 4,500 managers as exempt from federal regulations requiring overtime wages to be paid for work over forty hours per week. More >

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