On February 9, 2023, the United States Department of Labor, Wage and Hour Division (“DOL”) published an Opinion Letter addressing the use of leave pursuant to the Family and Medical Leave Act (“FMLA”) by an employee with a serious health condition to create a reduced scheduled workweek for an indefinite time period.  That same day, the DOL also clarified in a Field Assistance Bulletin the application of several specific Fair Labor Standards Act (“FLSA”) provisions and FMLA eligibility requirements to remote-based employees.  Neither of these publications create new law, but each serves as a helpful reminder of some of the more precise requirements of each law.  Below is a summary of the main points of each publication.
Continue Reading United States Department of Labor Issues guidance on the FMLA and FLSA

Channeling my inner Steve Martin for those old enough to remember that 1979 classic, The Jerk (trust me, parts of it didn’t age well), or when phone books were actually a thing, I am happy to announce that the US Department of Labor has issued new certification and designation forms to be used when employees