U.S. DOL Issues Opinion Letter Addressing How to Calculate FMLA Leave for Employees Who Regularly Work Overtime

Recently, the U.S. Department of Labor (“U.S. DOL”) released an opinion letter (FMLA2025-02-A) (the “Opinion Letter”) concerning how to calculate the number of hours of Family and Medical Leave Act (“FMLA”) leave available to employees who work a fixed schedule that includes mandatory overtime. The Opinion Letter clarifies that an employer seeking to calculate the … Read more

U.S. Department of Labor Reinstates Payroll Audit Independent Determination Program

On July 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) announced it is restarting the Payroll Audit Independent Determination Program (“PAID”).  PAID enables employers to self-identify and resolve potential minimum wage, overtime, and leave violations under the Fair Labor Standards Act and the Family Medical Leave Act.  This program allows employers … Read more

DOL Releases Guidance on FLSA Classification of Independent Contractors

On May 1, 2025, the U.S. Department of Labor (“DOL”) released a Field Assistance Bulletin that provides guidance regarding the analysis to apply when determining employee or independent contractor status for purposes of enforcing the Fair Labor Standards Act (“FLSA”). The DOL announced that it will no longer apply the 2024 independent contractor rule and … Read more

New York State Minimum Wage to Increase in 2024

New York State Governor Kathy Hochul has signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates.   Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: Effective Date New York … Read more

NYC Sets Minimum Wage for Food Delivery Workers

New York City Mayor Eric Adams and New York City Department of Consumer and Worker Protection (“DCWP”) announced that the City of New York has set a first-of-its-kind minimum pay rate for app-based restaurant delivery workers.  Effective July 12, 2023, the pay rate will increase from $7.09 per hour to $17.96 per hour.  The minimum … Read more