Labor & Employment

Updates to the DOL’s Tip-Credit Guidance and a Word of Caution

2019-04-18

By Allison C. Pearson

In February 2019, the Department of Labor’s (DOL) Wage and Hour Division updated its Field Operations Handbook (FOH), which provides guidance for how the DOL interprets and applies its regulations. Specifically, the DOL revised its guidance regarding 29 C.F.R. § 531.56(e), which addresses when employers may take a tip credit for jobs that involve both tip-generating and non-tip-generating duties. The DOL previously interpreted 29 C.F.R. § 531.56(e) to mean that employers could not take a tip credit for non-tipped duties when they comprised more than 20 percent of an employee’s duties.  Courts often reached conflicting opinions on how to apply this provision, and the scope of employers’ obligations. The February 2019 revisions to the FOH sought to clarify the DOL’s interpretation of 29 C.F.R. § 531.56(e), and echoed a December 2018 opinion letter, which formally rescinded the prior interpretation of the tip-credit regulation. 

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DOL’s Proposed Rule Addresses Overtime Pay

2019-04-18

By Katherine C. Campbell

On March 28, 2019, the Department of Labor (DOL) issued its second proposed rule change to overtime pay in less than three weeks. This proposed change relates to the definition of the regular rate of pay under the Fair Labor Standards Act (FLSA), which affects how overtime is calculated. In particular, the proposed change focuses on the types of compensation and benefits that employers must include in the overtime calculation.

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Arkansas Legislature Approves Changes to Wage Statutes

2019-04-16

By Michael S. Moore

On April 5, 2019, the Arkansas Senate voted to give final approval to HB1751.  This bill awaits signature of the Governor, but that signature is expected to occur any day.

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DOL Proposes New Overtime Rules that Cover More Workers

2019-03-08

On Thursday, March 7, 2019, the Department of Labor (DOL) released a Notice of Proposed Rule Making (NPRM) that, if implemented, will impact which workers are covered by the overtime provisions of the Fair Labor Standards Act. Here is what you need to know:

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New Overtime Rules Expected

2019-02-20

By Michael S. Moore

Next month promises the beginning of substantial changes in overtime compliance. The United States Department of Labor has stated that it will propose a new salary threshold for white-collar exemptions. Most experts expect those proposals sometime in March.

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