U.S. Department of Labor Awards Nearly $11.2 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency

News Release

U.S. Department of Labor Awards Nearly $11.2 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency

WASHINGTON, DC The U.S. Department of Labor today announced the award of three Dislocated Worker Grants (DWGs) totaling $11,150,278 to Oklahoma, Washington and Wisconsin, to help address the workforce-related impacts of the coronavirus public health emergency.

These awards are funded under the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provided $345 million for DWGs to prevent, prepare for and respond to the coronavirus. This latest award follows 10 previous waves of funding, bringing the total amount awarded to states and territories to $274,241,918.

The U.S. Department of Health and Human Services declared the coronavirus a nationwide public health emergency on Jan. 31, 2020. The Federal Emergency Management Agency also issued coronavirus emergency declarations for states, outlying areas and Indian tribal governments on March 13, 2020. These federal declarations enable the Secretary of Labor to award Disaster Recovery DWGs to help address the workforce-related impacts of this public health emergency.  

Disaster Recovery DWGs may provide eligible participants disaster-relief employment to address the coronavirus impacts within their communities, as well as employment and training activities. Employment Recovery DWGs provide reemployment services to eligible individuals affected by mass layoffs, such as those resulting from the coronavirus pandemic. 

Supported by the Workforce Innovation and Opportunity Act of 2014, Dislocated Worker Grants temporarily expand the service capacity of dislocated worker training and employment programs at the state and local levels by providing funding assistance in response to large, unexpected economic events that cause significant job losses.

For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Employment and Training Administration
Date
September 15, 2020
Release Number
20-1777-NAT
Media Contact: Eric Holland
Phone Number
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San Antonio, Texas-Area Restaurants Pay $71,899 in Back Wages To Employees After U.S. Department of Labor Investigation

News Release

San Antonio, Texas-Area Restaurants Pay $71,899 in Back Wages To Employees After U.S. Department of Labor Investigation

SAN ANTONIO, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), an enterprise operating three San Antonio, Texas, area restaurants has paid $71,899 in back wages to 327 employees to resolve violations of the tip-pooling requirements of the Fair Labor Standards Act (FLSA).

The WHD investigation found that Boerne Longhorn Cafe LLC, doing business as Longhorn Café Boerne; Big Juicy Inc., doing business as Longhorn Café Blanco; and Longhorn Cafe Series LLC, doing business as Longhorn Café Leasing violated the tipped worker requirements of the FLSA by allowing tips to be improperly diverted to managers and administrative staff. The law prohibits those employees from participating in a tip-pooling arrangement.

“Employees must be paid all the wages they have legally earned including tips acquired through an employer’s tip-pool practice,” said Wage and Hour Division District Director Cynthia Ramos, in San Antonio, Texas. “The Wage and Hour Division encourages other employers in this industry to review their own pay practices to ensure they comply with the law, and to reach out to us with any questions they may have about their responsibilities. Workers, too, can call us confidentially with any questions or concerns about their employment.”   

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls.

Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd including a search tool for workers who may be owed back wages collected by WHD.

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
September 14, 2020
Release Number
20-1319-DAL
Media Contact: Chauntra Rideaux
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Guam Construction Company to Pay $109,112 in Back Wages and Penalties For Overtime Violations Found by U.S. Department of Labor

News Release

Guam Construction Company to Pay $109,112 in Back Wages and Penalties For Overtime Violations Found by U.S. Department of Labor

DEDEDO, GUAM – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Modern Konstrak – a construction company based in Dededo, Guam – will pay $85,993 to 75 employees for violations of the Fair Labor Standards Act’s (FLSA) overtime requirements. The employer will also pay $23,118 in penalties for the willful nature of the violations.

The WHD investigation found that Modern Konstrak paid employees for their overtime hours at straight-time rates. The FLSA requires employers to pay overtime at time and one-half workers’ regular rates of pay for hours they work beyond 40 in a workweek. The company also failed to keep accurate records of the actual number of hours employees worked, resulting in FLSA recordkeeping violations.

“The U.S. Department of Labor is committed to ensuring that employers pay workers all the wages they have legally earned,” said Wage and Hour District Director Terence Trotter in Honolulu, Hawaii. “Employers cannot enter into agreements with their employees to work for less than the law requires. We encourage other employers to review their own pay practices to ensure they comply with the law, and avoid overtime violations like those found in this case.” 

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls or in-person visits to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
September 14, 2020
Release Number
20-1680-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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U.S. Department of Labor Offers Webinar for Iowa Business Owners, Employers and Other Stakeholders on Coronavirus-Related Paid Leave

News Release

U.S. Department of Labor Offers Webinar for Iowa Business Owners, Employers and Other Stakeholders on Coronavirus-Related Paid Leave

DES MOINES, IA – The U.S. Department of Labor’s Wage and Hour Division (WHD), the IRS and the U.S. Small Business Administration (SBA) are presenting a webinar on paid sick leave, and expanded family and medical leave requirements of the Families First Coronavirus Response Act (FFCRA) for Iowa’s employers and business owners.

The webinar will provide FFCRA information including details about paid sick leave for certain reasons related to the coronavirus, and paid expanded family and medical leave for child care related to the coronavirus, and will focus on eligibility, requirements for providing paid leave and tax credits for covered business owners. SBA representatives will also be available to provide guidance to small business owners and entrepreneurs. 

WHAT:          Navigating COVID-19 Webinar

WHEN:          Sept. 15, 2020

10 to 11 a.m. CDT

WHERE:       Link to attend.

To attend, participants can connect via the Microsoft Teams app, or on the web using either the Microsoft Edge or Google Chrome browser. 

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to reimburse the costs of providing employees with paid leave for certain reasons related to the coronavirus. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the amounts employers must pay. The law enables employers to provide paid leave reimbursed by tax credits, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. 

WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic 

For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd. For questions about the SBA, please contact SBA Economic Development Specialist Lori Hackney at lori.hackney@sba.gov 

For further information about the coronavirus, please visit the Centers for Disease Control and Prevention. 

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

Agency
Wage and Hour Division
Date
September 11, 2020
Release Number
20-1641-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Investigation Results in St. Louis, Missouri-based Vape Shop Paying 55 Employees $123,422 in Back Wages

News Release

ST. LOUIS, MO – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), three vape product retail stores operated by Coughing Cardinal LLC in St. Louis, Missouri, and owner Marco DiMaiern will pay 55 employees $123,422 in back wages for violating the Fair Labor Standards Act’s (FLSA) overtime and recordkeeping requirements.  

WHD investigators determined Coughing Cardinal LLC and DiMaiern failed to pay employees overtime when they worked more than 40 hours in a workweek. Instead, the employer paid workers flat salaries, regardless of the number of hours that they worked. By doing so, the employer failed to pay them overtime in addition to those salaries when employees worked more than 40 hours in a workweek. The investigation found violations at two Missouri locations, Coughing Cardinal in St. Louis and Greatest Shop Ever in St. Peters, and at El Tigre in Edwardsville, Illinois.

The company also failed to maintain accurate records of each employee’s daily and weekly hours worked and overtime pay rate, resulting in recordkeeping violations.  

“Simply paying workers a salary doesn’t necessarily mean they are not still entitled to overtime. The Wage and Hour Division works to ensure employers in all industries comply with federal law so that every employee receives the wages they have rightfully earned,” said Wage and Hour District Director Jim Yochim in St. Louis, Missouri. “Employers must understand their responsibility to pay overtime and to keep accurate records. We encourage employers to use the wide variety of compliance tools we offer to explain those requirements, and to contact us for guidance.” 

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd 

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

Agency
Wage and Hour Division
Date
September 11, 2020
Release Number
20-1687-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Florida Contractor Pays $124,075 in Back Wages, Benefits After U.S. Department of Labor Finds Violations on Federal Construction Contract

News Release

Florida Contractor Pays $124,075 in Back Wages, Benefits After U.S. Department of Labor Finds Violations on Federal Construction Contract

HIALEAH, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Roepnack Corp. – a construction contractor based in Miami Beach, Florida – has paid $124,075 in back wages and fringe benefits to 20 employees, for violating the Fair Labor Standards Act (FLSA), the Davis-Bacon and Related Acts (DBRA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

WHD investigators determined that Roepnack Corp. failed to pay required prevailing wages to ironworkers, forklift operators, carpenters, truck drivers and laborers for work they performed at Seminola Development, a Hialeah senior living facility, under a contract funded by the U.S. Department of Housing and Urban Development. The employer also failed to pay some employees required fringe benefit rates for the hours they worked on that project. In addition, WHD found the employer failed to pay employees overtime when they worked more than 40 hours in a workweek, and failed to record the number of hours employees worked.

All contractors and sub-contractors must ensure they understand all of the requirements associated with performing work on federally funded construction projects,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “When employers fail to comply with labor laws, it affects the welfare of their employees and undercuts other employers competing for federal contracts. We encourage all employers to contact us for guidance to avoid violations like those found in this case and ensure workers receive the wages they have earned.”

The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

For more information about the FLSADBRA, CWHSSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
September 3, 2020
Release Number
20-1607-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Educates Southeast Employers As Region Faces Hurricane Season

News Release

U.S. Department of Labor Educates Southeast Employers As Region Faces Hurricane Season

ATLANTA, GA – The U.S. Department of Labor’s Wage and Hour Division (WHD) is currently engaged in an education and compliance assistance initiative to help employers in the Southeast understand their obligations to employees during natural disaster recovery efforts.

In recent years, hurricanes have significantly affected states across the southeast, including Alabama, Florida, Georgia, Mississippi, North Carolina and South Carolina. When contractors and others involved in recovery and rebuilding respond to these events, WHD often sees spikes in wage violations. From Oct. 1, 2018 to June 30, 2020, WHD’s Southeast Region conducted more than 200 investigations in response to hurricane disaster relief. The investigations resulted in more than $1.9 million in back wages owed to more than 2,400 workers and assessments of more than $123,000 in civil money penalties.

In addition to its enforcement efforts, WHD continues to conduct extensive educational outreach to stakeholders. These efforts have already included:

  • Direct outreach to local Chambers of Commerce in the areas directly affected by past storms; and
  • Targeted webinars in coordination with the U.S. Small Business Administration and U.S. Navy to discuss prevailing wage requirements for contractors who win contracts and receive federal funds to perform recovery work.

“As the hurricane season continues, the Wage and Hour Division will monitor any natural disaster recovery efforts to ensure employers are following the rules and paying employees properly,” said Wage and Hour Regional Administrator Juan Coria in Atlanta, Georgia. “At times when employers need a level playing field and workers need their earned wages most, we will continue to both educate all parties and enforce the law. We encourage employers and other stakeholders to contact us with questions. Confidential calls to our offices are answered by trained professionals ready to help.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the Fair Labor Standards Act and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
September 3, 2020
Release Number
20-1590-ATL
Media Contact: Eric R. Lucero
Phone Number
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Miami Dialysis Service Companies to Pay $110,819 in Back Wages After U.S. Department of Labor Uncovers Overtime Violations

News Release

Miami Dialysis Service Companies to Pay $110,819 in Back Wages After U.S. Department of Labor Uncovers Overtime Violations

MIAMI, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Miami, Florida-based dialysis service companies – Olympus Healthcare Inc., Apollo Renal Center LLC, and Americare Renal Center LLC – will pay $110,819 in back wages to 34 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The WHD investigation determined Olympus Healthcare Inc., Apollo Renal Center LLC and Americare Renal Center LLC – all owned and operated by Federico Dumenigo – incorrectly classified some employees as independent contractors, and paid them a flat fee per patient seen regardless of the number of hours they worked. This practice led to an FLSA violation when employees worked more than 40 hours in a workweek but the employer failed to pay them overtime. The employer’s failure to keep a record of the number of hours employees worked also resulted in a recordkeeping violation.

“Employees must be paid all the wages they have legally earned,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal labor laws to protect American workers and level the playing field for law-abiding employers. Other employers should use the resolution of this case as an opportunity to review their own pay practices to avoid violations like those found in this case.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
September 1, 2020
Release Number
20-1384-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Offers Webinar for Ohio Employers

News Release

U.S. Department of Labor Offers Webinar for Ohio Employers

COLUMBUS, OH – The U.S. Department of Labor’s Wage and Hour Division (WHD) and its Occupational Safety and Health Administration (OSHA) will present a webinar for Ohio area employers and human resources professionals on the paid leave requirements of the Families First Coronavirus Response Act (FFCRA) and safety guidance for returning to work and maintaining a safe and healthy working environment.

WHD and OSHA representatives will provide an overview of the federal paid sick leave and expanded family and medical leave requirements, and information on workplace safety and health compliance with an emphasis on OSHA’s coronavirus response. The event will also include time for questions and answers.

WHAT:          Families First Coronavirus Response Act Paid Leave, Workplace Safety and Health webinar

WHEN:          Sept. 2, 2020, 10-11 a.m. EDT

WHERE:       Click here to register and join the event.

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to reimburse the costs of providing employees with paid leave provided for reasons related to the coronavirus. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the amounts employers must pay. The law enables employers to provide paid leave reimbursed by tax credits, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. 

For further information about the coronavirus, please visit the Centers for Disease Control and Prevention. 

WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic. For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd. 

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces the federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

Agency
Wage and Hour Division
Date
September 1, 2020
Release Number
20-1613-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Issues Four New Wage and Hour Opinion Letters

News Release

U.S. Department of Labor Issues Four New Wage and Hour Opinion Letters

WASHINGTON, DC The U.S. Department of Labor today announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

“The Wage and Hour Division remains committed to providing guidance and compliance assistance to workers and employers even during this difficult time,” said Wage and Hour Administrator Cheryl Stanton. “As businesses continue to reopen and rebuild, the Wage and Hour Division will continue to make clear the rules of the road during the economic recovery allowing workers to return to work and prosper again.”

The opinion letters issued today are:

  • FLSA2020-11: Addresses whether a private “oilfield service company” that provides waste-removal services for oilfield operators may qualify as a “retail or service establishment” eligible to claim the FLSA’s Section 7(i) exemption for certain truck drivers whom it employs;
  • FLSA2020-12: Addresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment;
  • FLSA2020-13: Addresses whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA; and
  •  FLSA2020-14: Addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.

The public can search for existing opinion letters by keyword, year, topic and a variety of other filters on the Department’s website. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 65 opinion letters since Jan. 20, 2017.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the FLSA. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
August 31, 2020
Release Number
20-1655-NAT
Media Contact: Megan Sweeney
Phone Number
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