Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

PolsinelliAtWork.com was recently recognized as one of the top employment blogs in the nation by Feedspot.


DOL Reaches Again Into the FLSA Twilight Zone (Part 2 of 2)

DOL Reaches Again Into the FLSA Twilight Zone (Part 2 of 2)

By: Jay M. Dade

So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA” or “Act”). In late-August, the DOL issued several new opinion letters to which employers can refer for guidance when confronted with FLSA questions.  Recently, we reviewed two such opinion letters. Here, we review another letter that employers may find helpful when navigating the FLSA.

Read More

From Employers’ Mouths to the U.S. Department of Labor’s Ears: A Recap of the Department of Labor’s Listening Sessions

From Employers’ Mouths to the U.S. Department of Labor’s Ears: A Recap of the Department of Labor’s Listening Sessions

By: Robert Hingula

Throughout the month of September, 2018, the U.S. Department of Labor (“DOL”) held five listening sessions across the United States to receive feedback from the public on the minimum salary requirements for the white collar exemptions of the Fair Labor Standards Act (“FLSA”).  These sessions were held in Atlanta, Seattle, Kansas City, Denver, and Providence.  Another listening session is scheduled for October 17, 2018, in Washington, DC.

Read More

DOL Reaches Again Into the FLSA Twilight Zone (Part 1 of 2)

DOL Reaches Again Into the FLSA Twilight Zone (Part 1 of 2)

By: Jay M. Dade

So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA”). In late-August, the DOL issued several new opinion letters to which employers can refer for guidance when confronted with FLSA questions.

Read More

Six Steps Employers Can Take In Advance of a DOL Audit

Six Steps Employers Can Take In Advance of a DOL Audit

By: Carol Barnett

If an employer is being audited by the US Department of Labor (DOL), there are several steps the employer can take to proactively prepare for and ultimately defend its practices: 

1. Review immediately and react to the audit request. Carefully review the DOL’s audit request and promptly advise management and legal counsel. In certain circumstances, the employer may work with the auditor regarding scheduling the date(s) of the audit.  

2. Provide responsive existing documents; check your employee rights posters.  Work with legal counsel to provide documents responsive to the auditor’s request for information.  Note employers are not required to specially create new documents for an audit.   Prior to the visit by the DOL, ensure applicable employee rights posters are displayed, including Family and Medical Leave Act (“FMLA”) rights (if the FMLA applies to your business).

Read More

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

By: Michele Haydel Gehrke

On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s paid sick leave requirements.  On behalf of its members, Airlines for America seeks declaratory and injunctive relief to invalidate Massachusetts’ Earned Sick Time Law and to prohibit its enforcement with respect to flight crew and ground crew personnel.  This is the second lawsuit filed by the airline association in recent months challenging paid sick leave laws.  In February 2018, Airlines for America filed a similar lawsuit challenging Washington’s paid sick leave law which we discussed here.

Read More