By: Petersen D. Walrod, Christina Jaremus, and Brett C. Bartlett
Seyfarth Synopsis: On May 28, 2026, the U.S. Department of Labor (DOL) published four new opinion letters, covering situations including: (1) whether an exempt worker may perform non-exempt work; (2) whether a bonus structured as a percent of total earnings needs to include an overtime “true up”; (3) whether
Continue Reading US Department of Labor Publishes Three Pro-Employer, One (Somewhat) Pro-Worker, Opinion LettersBy: Petersen D. Walrod and Andrew M. McKinley
Seyfarth Synopsis: On April 23, 2026, the U.S. Department of Labor (“DOL”) published a notice of proposed rulemaking for a new joint employer rule that would set a uniform test for joint employer status for purposes of the Fair Labor Standards Act (“FLSA”), Migrant and Seasonal Workers Protection Act (“MSPA”), and
Continue Reading Same Filling, Different Chocolate Coating – the DOL’s New Proposed Joint Employer RuleBy: Petersen D. Walrod & Kyle D. Winnick
Seyfarth Synopsis: The U.S. Department of Labor has proposed a new independent contractor rule that would guide courts, companies, and workers in their determinations of who must be paid as an employee and who can be treated as an independent contractor under the FLSA and two other statutes.
After much anticipation, the
Continue Reading DOL Proposes to Readopt the 2021 Independent Contractor Rule with Minor VariationsSeyfarth Synopsis: The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA violations—the renewed program offers potential benefits but comes with conditions and risks that require careful navigation.
On July 24, 2025, the DOL’s Wage and Hour Division (WHD) announced
Continue Reading PAID Back: DOL Revives Voluntary Self-Audit Program
Seyfarth Synopsis: The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so slowed down resolutions. Going forward WHD investigators are no longer allowed to demand liquidated damages in administrative settlements.
The U.S. DOL‘s Wage and
Continue Reading WHD Makes it Clear: Double Damages are (Liqui)DatedSeyfarth Synopsis: In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour Division (WHD). The move may also reflect a broader shift in how the DOL will leverage its potentially reduced resources—aiming to maximize impact through a
Continue Reading “Dear DOL”: Labor Department Re-Launches Opinion Letter Program