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Search OptionsLabor and EmploymentDOL Guidance Clarifies When Percentage-Based Bonuses May Avoid Overtime Recalculations
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… DOL Clarifies When Meal Breaks May Be Unpaid
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… U.S. DEPARTMENT OF LABOR CLARIFIES WHEN COMMUTING, TRAVEL, AND PRE-SHIFT ACTIVITIES ARE COMPENSABLE UNDER THE FLSA
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 MUST PREPARE TO PAY EMPLOYEES FOR JURY DUTY STARTING JANUARY 1, 2027
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… The ADA and Remote Work: Essential Functions Still Control
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… Department of Labor Issues New Opinion Letter Addressing Whether Exempt Employees May Be Paid on an Hourly Basis for Secondary, Non-Exempt Work
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… ICE TIGHTENS I-9 INSPECTION STANDARDS: LESS LEEWAY AND HIGHER FINES
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… Indiana Earned Wage Access Act: Key Compliance Considerations for Employers and Providers
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 Welcomes Carta H. Robison to Labor and Employment Practice
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… U.S. Department of Labor Proposes Return to 2021 Independent Contractor Standard
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… Brooke Smith Joins Krieg DeVault’s Litigation and Dispute Resolution Practice
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… New Federal Tax Reporting Requirements for Overtime Compensation
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… |
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