Posts Tagged ‘DOL’

‘Highly compensated exemption’ not as simple as it sounds

Theoretically, the highly compensated exemption should simplify an employer’s Fair Labor Standards Act classification inquiry. After all, if an employee meets the highly compensated monetary threshold, that employee must only meet one duties test, right? No so fast, friend. Let’s take a trip back in time to the Obama administration in 2016. The revisions to…

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Fiduciary Rule cancelled, subject to further appeal by DOL

For several years now, many in the retirement plan industry have been talking about the U.S. Department of Labor’s (DOL) new regulations and rules collectively referred to as the “Fiduciary Rule,” which significantly expanded the population of persons considered to be fiduciaries and, therefore, subject to regulation under the Employee Retirement Income Security Act (ERISA).…

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Resolution of wage violations not necessarily assured under PAID pilot program

A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to encourage voluntary compliance and minimize litigation.  Employers, however, should proceed with caution before voluntarily disclosing their possible violations…

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DOL rescinds prior guidance on interns, adopts primary beneficiary test

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and inconsistent with the Fair Labor Standards Act. The 2010 guidance required employers to apply a rigid six-factor test. Under the 2010 guidance,…

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Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount. Employees were already being paid more than minimum wage Employee Bridgette Marlow brought suit against her employer, The New Food…

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401(k) Compliance and Enforcement Update

Brandon P. Long Judy Burdg Melissa J. Cottle Within the past year, the Internal Revenue Service and the U.S. Department of Labor have issued new guidance impacting 401(k) retirement plans. At the same time, new lawsuits have been filed against plan fiduciaries. The list of rules that plan administrators must keep track of is longer…

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