ATLANTA, GA – The U.S. Department of Labor’s Wage and Hour Division (WHD) determined that the Georgia Department of Human Services wrongly denied emergency paid sick leave to an employee who needed to miss work to care for a child whose school closed due to the coronavirus. As a result, the employer paid $848 in back wages as required under the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

The division found that Georgia Department of Human Services initially approved the employee’s leave request, but later denied it and instead offered multiple telework options. After receiving clarification from WHD that an employee unable to telework may take EPSLA leave to care for a child whose school or place of care closed due to the coronavirus, the employer acknowledged the error and agreed to pay the back wages at the required two-thirds of the employee’s regular rate of pay. To ensure future compliance, the employer changed their policy for their 9,000 employees and requested FFCRA training for their Human Resources staff from WHD.

“The U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic,” said Wage and Hour Division Acting District Director Derrick Witherspoon, in Atlanta, Georgia. “We encourage all employers and employees to call us for assistance to improve their understanding of the new requirements under the Family First Coronavirus Response Act. We also offer many online tools to help employers avoid violations like those found in this investigation.”

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to all American businesses with fewer than 500 employees either to provide employees with paid leave for the employee’s own health needs or to care for family members. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the wages employers must pay. The law enables employers to keep their workers on their payrolls, 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 continues to provide updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections of this new law. The agency also 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 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.  

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.

SAN ANTONIO, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) Food Management Partners – based in San Antonio, Texas – has paid $1.3 million to 3,000 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).   

WHD found the restaurant management company – which does business as Hometown Buffet, Old Country Buffet, Ryan’s, and other brands in the U.S. – missed payroll in March 2020, and by doing so, failed to pay required minimum wage and overtime wages to 3,000 employees at more than 75 locations.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour District Director Cynthia Ramos in San Antonio, Texas. “The results of this investigation should send a strong message to all employers that the Wage and Hour Division will continue to protect workers’ rights and level the playing field for employers. We encourage employers to reach out to us and to use the many tools we provide to help them understand their responsibilities.”

WHD worked to identify employees nationwide affected by the missed payroll. Both hourly and salaried personnel at more than 75 locations were affected. Food Management Partners and its representatives cooperated throughout the investigation, and paid all of the workers what they were owed.

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.

WASHINGTON DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced a final rule that allows employers to offer bonuses or other incentive-based pay to employees whose hours vary from week to week.

The rule revises the regulation for computing overtime compensation for salaried, non-exempt employees who work hours vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonuses, premium payments, commissions and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments when calculating the regular rate of pay as appropriate under the FLSA. The final rule includes examples and minor revisions to make the rule easier to understand.

“This final rule offers another example of how the U.S. Department of Labor is working to reduce unnecessary regulatory burdens in order to benefit American workers,” said U.S. Secretary of Labor Eugene Scalia. “Because of the clarity provided by this rule, employers will know they can pay workers’ bonuses in a broader range of circumstances. This rule comes at a time when millions of Americans are returning to work and will benefit from added flexibility in compensation.”

“For far too long, job creators have faced uncertainty regarding their ability to provide bonus pay for workers with fluctuating workweeks,” Wage and Hour Division Administrator Cheryl Stanton said. “This final rule will provide much needed clarity for job creators who are looking for new ways to better compensate their workers. As employers navigate the challenges of the coronavirus, the rule enhances flexibility to provide hazard pay, and to promote health and safety in the workplace through flexible work schedules that stagger start and end times and implement social distancing in the workplace.”

The Notice of Proposed Rulemaking was available for public comment for 30 days. The Department received approximately 36 comments on the proposal, all of which are available to the public at www.regulations.gov.   

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of America’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child-labor requirements of the FLSA. 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.

AVON, IN –A truck driver has received $3,017 in back wages after being denied emergency paid sick leave while he was experiencing coronavirus symptoms and seeking a medical diagnosis. The U.S. Department of Labor’s Wage and Hour Division found the employer – Mahant Trucking based in Avon, Indiana – violated the Emergency Paid Sick Leave Act provisions of the Families First Coronavirus Response Act (FFCRA).

“Employers must take all necessary steps to comply with the Families First Coronavirus Response Act and provide employees paid sick leave to care for themselves and family members when required,” said Wage and Hour Division District Director Patricia Lewis, in Indianapolis, Indiana. “We encourage all employers to contact the Wage and Hour Division to better understand their responsibilities under this new law so that they can avoid similar violations.”

The FFCRA requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to the coronavirus. The department’s WHD administers and enforces the new law’s paid leave requirements. Learn more about the FFCRA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Download an FFCRA poster.

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. Information is 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.

VIENNA, VA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the U.S. Bankruptcy Court for the District of Maryland has ordered Creative Hairdressers Inc. – an operator of unisex hair salons in 15 states and the District of Columbia – to pay $1,149,965 in back wages to more than 7,500 employees.

The court’s action comes after WHD investigators found Creative Hairdressers Inc. – doing business as Hair Cuttery, BUBBLES The Color Salon, Salon Cielo and Salon Plaza – closed all of its 750 salon locations on March 21, 2020, amid the coronavirus health crisis and failed to pay their employees’ final paychecks. By doing so, the employer violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) and affected more than 7,500 employees. Creative Hairdressers Inc. filed Chapter 11 bankruptcy subsequently, and was purchased by another company. 

Once it learned of Creative Hairdressers Inc.’s failure to pay their employees and of the employer’s bankruptcy filing, the department sought to be included in the bankruptcy proceedings. As a result, the department secured back wages for employees in Connecticut, Delaware, Florida, Illinois, Indiana, Maryland, Massachusetts, New Hampshire, New Jersey, North Carolina, Pennsylvania, Rhode Island, Virginia, Washington, D.C., West Virginia and Wisconsin.

“While the employer’s violations were not found to be willful, its employees are among the thousands of personal service workers in America whose livelihoods have been dramatically affected by the coronavirus pandemic,” said Cheryl Stanton, Wage and Hour Division Administrator. “Like many workers, these employees depend on their paychecks to meet their basic living expenses. Even in these unprecedented times, the U.S. Department of Labor’s Wage and Hour Division is committed to ensuring that workers receive their hard-earned wages.”

In addition to the back wages, the court ordered Creative Hairdressers Inc. to pay an approximate total of $3,100,000 to satisfy state minimum wages, 401(k) contributions, bonus program payments and applicable employment-related taxes.

“The U.S. Department of Labor’s Wage and Hour Division and Office of the Solicitor intervened during bankruptcy proceedings to hold the employer legally accountable for paying owed wages,” said Regional Solicitor Oscar L. Hampton III, Region III’s Office of the Regional Solicitor. “This case serves as a strong signal that the department is working to protect the rights of employees significantly impacted during the coronavirus pandemic.”

WHD is committed to providing employers with the tools they need to assist them in fulfilling their obligation to understand and comply with the variety of laws the division enforces. 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 federal wage laws, call the division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/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 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.

WASHINGTON, DC – The U.S. Department of Labor announced today the end of the temporary period of non-enforcement of paid leave protections under the Families First Coronavirus Response Act (FFCRA).

The non-enforcement period allowed the department’s Wage and Hour Division (WHD) to offer extensive guidance and education about the law’s requirements, which aided American workers and enabled employers covered by the new law to come into compliance as the nation continues to battle the coronavirus pandemic.

“With millions of Americans eligible for new and expanded leave programs, the U.S. Department of Labor is working tirelessly to answer the public’s questions and conduct outreach to groups and individuals so that employers nationwide provide employees with the benefits they need,” said Wage and Hour Division Administrator Cheryl Stanton. “We have taken hundreds of complaints and are working to resolve them as soon as possible.”

To resolve issues that have arisen with providing FFCRA-required leave, WHD has explained employers’ obligations and has assisted employers with getting money into the hands of workers. Educational outreach efforts will continue as enforcement begins in order to ensure compliance with the law and to maximize its benefits for workers and employers alike.

FFCRA helps combat the workplace effects of the coronavirus by reimbursing America’s private employers with fewer than 500 employees with tax credits for the cost of providing employees with paid leave for specified reasons related to the coronavirus. The law enables employers to keep their workers on their payrolls, while at the same time ensuring that workers do not have to choose between their paychecks and the public health measures needed to combat the virus.

WHD offers extensive plain-language guidance on the requirements of the law, including Questions and Answers, a Fact Sheet for Employees and a Fact Sheet for Employers, available in both English and Spanish, required workplace posters for employers, and an in-depth FFCRA Webinar.

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 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 the WHD, call 866-4US-WAGE, or visit 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.

WASHINGTON, DC – The U.S. Department of Labor today announced that the department’s Wage and Hour Division (WHD) is hiring 45 additional investigators to conduct investigations to determine employers’ compliance with applicable federal labor laws.

New recruits will join a busy and productive team, including 45 new investigators and 15 Wage and Hour Technicians the hired earlier this year.

“Now more than ever, the Wage and Hour Division is on the forefront of helping America’s workers and employers as we find our path forward in these uncertain times. In addition to enforcing long-standing wage and family leave laws, WHD now enforces the paid sick leave and expanded family and medical leave protections provided by the Families First Coronavirus Response Act,” said WHD Administrator Cheryl Stanton. “With more than 60 million workers eligible for relief, our team continues to deliver when the workforce needs us most. We anticipate adding even more staff throughout the year.”

In Fiscal Year 2019, WHD collected a record-setting $322 million in wages owed to workers. The division also conducted a record-setting 3,700 outreach events to educate employers and workers alike about their workplace rights and responsibilities.

The department encourages applicants to visit https://www.usajobs.gov to review the job announcements and to apply.

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.

WASHINGTON, DC – Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) published more guidance to provide information to employees and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it goes into effect on April 1, 2020.

The latest round of guidance includes questions and answers addressing critical issues such as the definition of a “health care provider,” and the scope of the small business exemption for purposes of exclusion from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, as well as whether public sector employees may take paid family and medical leave. In addition, WHD posted its two recently released posters and fact sheets in Spanish on its COVID-19 website.

This guidance adds to a growing list of compliance assistance materials published by WHD, including the English-language versions of a Fact Sheet for Employees, a Fact Sheet for Employers, and two new required posters—one for federal workers and one for all other employees, as well as Questions and Answers about posting requirements, and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy.

“The response to the guidance we’ve published so far has illustrated the critical need that workers and employers have for this important information,” said Wage and Hour Division Administrator Cheryl Stanton. “This round includes some of the most common questions we are receiving and will help ensure that the American workforce has all the tools and information needed in these very trying times. We encourage everyone to check the Wage and Hour Division website frequently, as we continue to add guidance to help everyone understand what they are entitled to as we prepare for these vital new benefits to go into effect on April 1, 2020.”

FFCRA will help the United States combat and defeat COVID-19 by offering all American businesses with fewer than 500 employees tax credits to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their employees on their payrolls, while at the same time ensuring that employees 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 COVID-19, and its effects on wages and hours worked under the Fair Labor Standards Act and 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 the WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd.

For further information about COVID-19, please visit the U.S. Department of Health and Human Services’ 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 FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, 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.

WASHINGTON, DC – Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced more guidance to provide information to workers and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.

The new guidance includes questions and answers addressing critical issues such as what documents employees can be required to submit to their employers to use paid sick leave or expanded family and medical leave; whether workers can take paid sick leave intermittently while teleworking and whether workers whose employers closed before the effective date of the FFCRA can still get paid sick leave.

This guidance adds to a growing list of compliance assistance materials published by WHD, including a Fact Sheet for Employees, a Fact Sheet for Employers, and an earlier Questions and Answers document. Available are two new posters, one for federal workers and one for all other employees, that will fulfill notice requirements for employers obligated to inform employees about their rights under this new law, Questions and Answers about posting requirements and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy.

“The Wage and Hour Division is delivering necessary information so that American workers and employers can receive this much needed relief,” said Wage and Hour Division Administrator Cheryl Stanton. “We are working to ensure that workers and employers have the tools they need to maximize the benefits they are entitled to when this law goes into effect on April 1, 2020.”

FFCRA, signed by President Trump, offers American businesses with fewer than 500 employees tax credits as reimbursement for providing employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, 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 COVID-19 and its effects on wages and hours worked under the Fair Labor Standards Act and 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 the WHD, call 866-4US-WAGE, or visit https://www.dol.gov/agencies/whd.

For further information about COVID-19, please visit the U.S. Department of Health and Human Services’ 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 FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, 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.

WASHINGTON, DC – The U.S. Department of Labor today announced three 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 opinion letters issued today are:

• FLSA2020-3: Addressing excludability of longevity payments from the regular rate of pay;
• FLSA2020-4: Addressing excludability of referral bonuses from the regular rate of pay; and
• FLSA2020-5: Addressing excludability of an employer’s contributions to a group term-life insurance policy from the regular rate of pay.

All three of the opinion letters published today provide further clarity on the department’s recently announced Final Rule on FLSA regular rate requirements, which allows employers to more easily offer perks and benefits to their employees.

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.

These are the 54th, 55th and 56th WHD 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 Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, 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.