The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement of many important federal employment laws, including the FLSA (Fair Labor Standards Act) and FMLA (Family and Medical Leave Act). The large push to hire a significant amount of investigators in the division signals an increased focus and prioritization of enforcement of those areas of the law that fall under the purview of the Wage and Hour Division. As a result, manufacturing employers should review a few key areas of their workforce and Human Resources practices in order to confirm compliance with the laws that will be a subject of the DOL's renewed focus on wage related issues.
Specifically employers should review the following areas, among others: (1) exempt employee classification; (2) independent contractor classification; (3) FMLA compliance and other leave issues. All three areas of the law require detailed review of your current positions and practices.
Exemption under the FLSA requires a detailed analysis of the job duties actually performed by a specific employee to determine whether the position is exempt from overtime requirements. The job title itself is not enough to determine whether a position is exempt. Instead, the employer must review the various exemptions under the FLSA, and review the duties and responsibilities of the specific...
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