DOL Releases New Opinion Letters: Tipped Employees and Non-Tipped Work, Hourly/Daily/Shift Compensation for Exempt Employees, and More

The Department of Labor (DOL) has released four new opinion letters on the Fair Labor Standards Act (FLSA). Opinion letters respond to a specific wage-hour inquiry to the DOL from an employer or other entity, and represent the DOL’s official position on that particular issue. Other employers may then rely […]

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Facebook Posts May Be Protected Concerted Activity

In a recently-released Advice Memorandum, originally prepared in 2016, the National Labor Relations Board’s General Counsel reminds employers that Facebook posts may constitute concerted activity that is protected under the National Labor Relations Act, even in a non-union setting. Background Facts:  In H&M Construction Co. & Georgia Pacific, LLC, as […]

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OSHA Once Again Permits Broad Post-Incident Drug Testing and Rate-Based Safety-Incentive Programs

In yet another example of the Trump administration reversing course on Obama-era guidance, the Occupational Safety and Health Administration issued a “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. § 1904.35(b)(1)(iv),” in which it retreated from the significant restrictions the prior administration […]

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