The U.S. Department of Labor (DOL) recently issued guidance addressing when employers must include nondiscretionary bonuses in an hourly or non-exempt employee’s regular rate of pay under the Fair Labor Standards Act (FLSA). The guidance is important for employers that offer bonus programs tied to…
The U.S. Department of Labor recently issued guidance addressing when employers may treat meal breaks as unpaid under the Fair Labor Standards Act (“FLSA”). While opinion letters are not binding legal precedent, they provide helpful guidance about how the DOL interprets and may enforce wage and…
On July 22, 2026, the U.S. Department of Labor's Wage and Hour Division ("DOL") issued two opinion letters addressing when commuting, travel, and pre-shift activities are compensable under the Fair Labor Standards Act (FLSA). Opinion Letter FLSA2026-9 addresses mid-day travel between an…
Illinois employers with more than 25 employees must pay employees their regular rate of pay for time spent on jury duty, effective January 1, 2027. The amendments to the Illinois Jury Act and Jury Commission Act were signed by Governor Pritzker on July 31, 2026, giving covered employers time to…
Why It Matters
As employers continue to manage telework requests in the post-pandemic workplace, courts are making clear that telework is not automatically a reasonable accommodation under the ADA. A recent Fifth Circuit decision in Hayes v. GStek, Incorporated (“Hayes”) reinforces that principle…
The United States Department of Labor (“DOL”) recently issued a new opinion letter addressing how employers must pay employees under the Fair Labor Standards Act (“FLSA”). While opinion letters are not binding legal precedent, they provide helpful guidance to employers navigating thorny wage and…
Employers should assume that Form I-9 (Employment Eligibility Verification) errors once treated as minor and fixable during an audit may now lead to immediate penalties.
For the first time in nearly three decades, U.S. Immigration and Customs Enforcement (“ICE”) has revised its Form I-9 inspection…
Effective January 1, 2026, Indiana joined a growing number of states regulating earned wage access (“EWA”) services with the enactment of the Indiana Earned Wage Access Act codified at Indiana Code 28-8-6 (the “Act”). The legislation establishes a formal framework governing providers that allows…
Krieg DeVault LLP is pleased to announce that Carta Robison has joined the firm as a Senior Associate in its Labor and Employment Practice.
Carta focuses her practice on labor and employment matters, advising employers on a wide range of workplace issues and disputes. She works with clients to…
DOL’s New Proposal to Distinguish Employees from Independent Contractors
On February 27, 2026, the U.S. Department of Labor (DOL) issued a Notice of proposed rulemaking to redefine independent contractor status under the Fair Labor Standards Act (FLSA). The proposed rule would also apply to the…
Krieg DeVault LLP is pleased to announce that attorney Brooke Smith has joined the firm’s Litigation and Dispute Resolution practice. Ms. Smith is a seasoned litigator with extensive experience representing individuals, closely held companies, and complex organizations in high‑stakes disputes in…
The IRS has announced that new tax-reporting rules are forthcoming for overtime compensation under recent federal tax legislation commonly known as the “One Big Beautiful Bill” (the “Bill”).1 Although the Bill does not change how employers calculate or pay overtime it introduces new overtime…
