why would the department of labor come to my work

The first fundamental question raised by this analysis is how to determine whether an employee is exempt from the FLSA. The key to surviving this type of investigation lies in discussing the possibility of a DOL visit with your employees and educating them to respond appropriately. 1-866-4-USA-DOL She writes about the U.S. Economy for The Balance.

Some employers do so specifically to avoid falling within the many federal and state guidelines applied to employees. . the performance of functions in the administration of a school system, or educational establishment...; and . You should receive time and a half if you work more than 40 hours a week; if you think you're being cheated on overtime pay, the Wage and Hour Division of the DOL will protect your rights under the Fair Labor Standards Act. Unless an employee is exempted from coverage of the FLSA, then the employee must be paid at least $7.25 per hour for each hour worked. A DOL investigation of wages may lead to questions regarding a perceived disparity between wages paid to men and women for apparently equal work. If the DOL determines that your company has violated wage and hour laws, that determination can be challenged, and employers should not be afraid to negotiate with the DOL. Begin typing to search, use arrow keys to navigate, use enter to select.

This definition may require that an employee be compensated for the time the employer does not otherwise consider working time, such as travel time, waiting time, and certain meal, rest and sleep periods. These basics, however, present only the beginning of an analysis, and should not be relied upon without a specific review of the company and the roles of its employees. Does the possible employer keep the books and prepare payroll for the possible employee? The term "employee employed in a bona fide executive... capacity" in Section 13(a)(1) of the Act is defined by the regulations as an employee: The above is commonly referred to as the "long test." The FLSA defines hours worked as time during which an employee is necessarily required to be on an employer's premises, on duty or at a prescribed work place. Three other acts affect work that has peripheral connections to the federal government, and should be considered particularly by companies operating in the construction industry. Make sure he or she has experience … The salary requirements do not apply to individuals who hold valid law or medical licenses (or are engaged in internships or residency programs). work requiring knowledge of an advanced type of science or learning acquired by a prolonged course of specialized intellectual instruction and study; or, work that is original and creative "in a recognized field of artistic endeavor;" or, teaching, tutoring, instructing, or lecturing...as a teacher in a school system or educational establishment; or, work that requires theoretical and practical application of highly-specialized knowledge in computer systems analysis, programming, and software engineering; and, whose work requires the consistent exercise of discretion and judgment; and, whose work is predominantly intellectual and varied in character; and, who does not devote more than 20% of his time in activities "which are not an essential part of and necessarily incidental to the work described in paragraphs (a) through (c);" and. whether the contract gives any right to the hiring party to detail how the work is to be performed. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Typically, the DOL visits construction project sites and investigates the construction companies it finds working on the project. If you're working, the DOL protects your rights as a worker. If, however, an employee reports at the required time and then waits because no work is yet available, the waiting time is compensable work. There are a number of specialized exemptions, but the main issues generally arise over what are commonly described as the "white collar" exemptions. Employers should also be aware that the FLSA contains a separate provision commonly known as the Equal Pay Act, which mandates that male and female employees receive equal pay for work requiring equal skill, effort and responsibility and performed under similar working conditions. For the most part, you are thoroughly unhappy with the answers you receive. If an employee works more than 40 hours in any 7-day period, the employer must pay the individual at least one and one-half times their regular rate of pay for each hour worked in excess of 40 hours. Welcome to the wonderful world of the United States Department of Labor! #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} WASHINGTON, DC – The U.S. Department of Labor’s Employment and Training Administration (ETA) today announced the publication of Unemployment Insurance Program Letter (UIPL) 17-20, which provides further guidance to states as they implement the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Emergency Unemployment … You listen with growing amazement and dismay as your employee describes the interview, which involved your company's salary, vacation, and general employment policies. Consequently, the government takes a very strict view when it seeks to determine whether a worker is an employee or an independent contractor. www.dol.gov, Industry-Recognized Apprenticeship Programs (IRAP), Bureau of International Labor Affairs (ILAB), Centers for Faith and Opportunity Initiatives (CFOI), Employee Benefits Security Administration (EBSA), Employees' Compensation Appeals Board (ECAB), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Administrative Law Judges (OALJ), Office of Congressional and Intergovernmental Affairs (OCIA), Office of Disability Employment Policy (ODEP), Office of Federal Contract Compliance Programs (OFCCP), Office of Labor-Management Standards (OLMS), Office of the Assistant Secretary for Administration and Management (OASAM), Office of the Assistant Secretary for Policy (OASP), Office of the Chief Financial Officer (OCFO), Office of Workers' Compensation Programs (OWCP), Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD), Pension Benefit Guaranty Corporation (PBGC), Veterans' Employment and Training Service (VETS), Economic Data from the Department of Labor, https://www.cdc.gov/coronavirus/2019-ncov/, U.S. Department of Labor Issues Enforcement Guidance For Recording Cases of COVID-19, U.S. Department of Labor Issues Alert to Keep Package Delivery Workers Safe During COVID-19 Pandemic, Severe Storm and Flood Recovery Assistance. The areas of compensable working hours that have caused the most problems are waiting time, on-call time, compensatory time, travel time and sleeping time, preparatory and finishing activities, and training or special meetings.

To minimize your company's risk, try to ensure that all employees understand their wages (having compensation agreements in writing often helps avoid contested wage claims) and, when faced with a question about wages or employment policies, do not guess. These factors did not negate the exemption, as the court held that the employee was clearly able to use his on call time effectively for his own purposes. Bright v. Houston Northwest Medical Center Survivor, Inc., 34 F.2d 671 (5th Cir. It protects the rights of workers and retirees, provides job training, and provides statistics related to working, prices, and income.

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