Hunton Retail Law Resource

The U.S. Department of Labor recently proposed a rule that would create a uniform standard for determining joint employer status under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act.  The proposed rule has significant implications for employers who share workers or rely on contractors, because a joint-employment finding may expand liability to multiple employers for wage-and-hour violations, leave obligations, and other statutory compliance issues.  The agency has said the proposed rule is intended to “reduce compliance and litigation costs, improve the Department’s ability to enforce the law, and help workers to better understand their rights and available remedies” while also promoting “greater uniformity in the analysis applied by courts.”

In June, the U.S. Department of Labor (DOL) announced that it has relaunched its opinion letter program.

On July 1, 2019, the Department of Labor (“DOL”) issued an opinion letter regarding permissible rounding practices under the Service Contract Act (“SCA”).  Although the SCA governs government contractors, the DOL’s guidance is nevertheless helpful to retailers because the SCA incorporates Fair Labor Standards Act (“FLSA”) rounding principles, which are applicable to them.