Compliance Stuff

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 wage or overtime under the Fair Labor Standards Act (FLSA) . The field assistance takes the position that the WHD is not authorized to seek liquidated damages unless it does so through a lawsuit. Quick Hits The WHD issued field assistance instructing regional solicitors (RSOLs) to stop seeking liquidated damages in administrative matters over unpaid minimum wage and overtime. The field assistance states that the WHD has determined that the FLSA does not authorize the secretary of labor to seek liquidated damages unless the division files a lawsuit, a change to recent enforcemen t. The policy change took effect on June 27, 2025, and applies prospectively. Field Assistance Bulletin (FAB) No. 2025-3  clarifies that the WHD may not supervise the payment of liquid...

Field Assistance Bulletins (FAB) are utilized to provide guidance to filed staff on enforcing the federal statutes administered by the Department of Labor's Wage and Hour Division (WHD). On May 20, 2024, JacksonLewis reported that the WHD has published a FAB on the application of federal labor standards to employers' use of artificial intelligence (AI) and other automated systems in the workplace. FAB No. 2024-1 emphasizes that statutory protections apply as usual, disregarding the new tools and systems employers are using.  However, the use of Artificial Intelligence (AI) may provide challenges in compliance. "Regardless of the exact AI or other technologies used, the principles described here provide guidance for evaluating how to comply with the law," the FAB states. The bulletin also addresses the potential impact of AI on compliance with the protections FLSA provides for nursing employees.    The FAB also provides guidance on the challenges that may arise with t...

On Tuesday, April 23, 2024, the Biden-Harris administration announced that a final rule that increases overtime protections for the nation's lower-paid salaried workers to exempt salaried bona fide executive, administrative or professional employees from federal overtime pay requirements.   This rule ensures salaried workers making less than  $58,656  receive fair pay for working over 40 hours---meaning, they will qualify for overtime.     By increasing the salary threshold, this will be giving more workers pay or valuable time back with their family:  by better identifying which employees are executive, administrative or professional employees who should be overtime exempt.  The rule ensures that those employees who are not exempt, receive time-and-a-half pay when working more than 40 hours in a week or gain more time with their families.   The rule will also establish regular to the salary thresholds every three years to reflect changes in earni...