On May 20, 2010, the US Department of Labor issued new regulations concerning child labor under the FLSA. The regulations, which are effective July 19, 2010 and available here, are focused on the limitations as to both duties and work hours applicable to 14-15 and 16-17 year-olds in “non-agricultural” occupations. The regulations address in
DOL
USDOL Officials Discuss Misclassification and Other Initiatives To Encourage Employer Compliance with FLSA
By Noel P. Tripp on
Posted in Department of Labor, Recordkeeping
During the week of April 26, senior Labor Department officials discussed upcoming rules and initiatives. In a web chat, Nancy Leppink, deputy administrator of the Wage and Hour Division, stated that the agency will issue proposed rules covering numerous areas including companionship services, child labor and recordkeeping within the next 18 months. The proposed recordkeeping rules are…
California DLSE Modifies Its Standard For Legality of Unpaid Internships
By Noel P. Tripp on
Posted in California
Subsequent to our post of April 6, the California DLSE issued a lengthy new opinion letter regarding trainees, available here. In it, the Division upholds the uncompensated “intern” status of participants in the Year Up program, a program in which a not-for-profit places 18-24 year olds in underserved communities to develop marketable skills in…
We Don’t Have To Pay Our Interns – Do We?
By Noel P. Tripp on
Posted in Department of Labor, Minimum Wage
For years, students and recent graduates have accepted internships with employers to gain work and practical experience. Many, if not most, employers have treated and continue to treat these internships as “unpaid.” What’s more, in many industries (including film and advertising) this practice is an institutional rite of passage – part of “dues paying”. Recent actions…
DOL Initiates “We Can Help” Campaign Aimed at Increasing Enforcement
By Noel P. Tripp on
Posted in Department of Labor
Yesterday the United States Department of Labor (DOL) gave another indication that it is preparing to ramp up enforcement efforts, in the form of its We Can Help campaign. We Can Help is designed to educate workers about their rights under the Fair Labor Standards Act. The campaign includes, among other features, a separate website with…
USDOL Issues Interpretation Reversing Prior Position As To Potential Application Of Administrative Exemption to Mortgage Loan Officers
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
On March 24, 2010, Nancy J. Leppink, the Deputy Administrator for the Wage and Hour Division of the United States Department of Labor, issued an “Administrator’s Interpretation” stating that employees who perform the typical job duties of a mortgage loan officer generally do not meet the prerequisites for the administrative exemption under the FLSA. The issuance…
How Broad is the Ninth Circuit’s Woody Woo Decision?
By Noel P. Tripp on
The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation. Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010). Further, the Court rejected the DOL’s regulation at 29…