The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more
The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more
On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...more
Positive news for employers: the Department of Labor (DOL) announced it will no longer enforce the 2024 Biden-era independent contractor final rule that aimed to reclassify gig workers as employees rather than independent...more
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more
The United States Department of Labor (DOL) has released Field Assistance Bulletin 2025-01 (the Bulletin), providing much-needed guidance to fiduciaries of retirement plans covered by the Employee Retirement Income Security...more
In our post-COVID world, it is common for employers to hire fully remote employees who work out of state. One of the challenges many employers face in this remote-work world is how to address complicated HR issues such as...more
The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more
The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use...more
Recently, the Wage and Hour Division (WHD) of the Department of Labor issued a Field Assistance Bulletin (FAB) that provides guidance for employers on the application of artificial intelligence (AI) to the Fair Labor...more
In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more
The world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now the USDOL has reacted with guidance on the...more
In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more
On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more
It goes without saying that Artificial Intelligence (“AI”) is no longer just a concept in science fiction movies. With the technological advancements that AI provides, it is no wonder that employers are turning to AI to hire...more
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more
Implementation of the requirements for compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has presented unique challenges to employers in the retail and restaurant industries due to...more
On August 31, 2023, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (FAB) to provide guidance to field staff on the prohibition against the shipment of “hot goods,” found in...more
As one does, I was recently reading U.S. DOL Wage and Hour Division (“WHD”) Field Assistance Bulletin (“FAB”) 2023-3 regarding “Prohibitions against the shipment of ‘Hot Goods’ under the Child Labor Provisions of the Fair...more
The US Department of Labor (DOL) has issued a Field Assistance Bulletin (“FAB”) concerning the proper implementation of the new Providing Urgent Maternal Protections for Nursing Mothers Act, the so-called PUMP Act. Some of...more
On December 29, 2022, President Biden signed the Providing Urgent Maternal Protections (“PUMP”) for Nursing Mothers Act into law. The law went into effect immediately, as we previously reported. The United States Department...more
On May 17, 2023, the U.S. Department of Labor (DOL) Wage and Hour Division issued Field Assistance Bulletin No. 2023-2 (FAB) to provide guidance to its field staff on the Providing Urgent Maternal Protections for Nursing...more