The U.S. Department of Labor recently took a new position on the timing of leave taken under the federal Family and Medical Leave Act (FMLA). Many employers allow or even require workers to use up their sick time and other paid time off before initiating an FMLA leave. In a March 14 opinion letter, the DOL said that practice is improper. FMLA leave must begin to run within five days of the employer learning that leave is being taken for reasons covered by the FMLA.
Under the federal Fair Labor Standards Act, non-exempt employees are entitled to the premium overtime rate of 1-1/2 times their regular rate of pay for all hours worked past 40 in a single workweek. The regular rate of pay is determined by adding up all earnings, including non-discretionary bonuses and some other payments, and dividing by the number of hours worked.
The Trump administration's priority for the Department of Labor has been to eliminate regulations thought too costly for businesses to bear. In particular, the administration promised to change how wage and hour law is regulated in the U.S.
Some employees customarily receive tips, but those tips aren't always in addition to the worker's wage. Many tipped workers are minimum-wage earners, and the law allows some of those tips to be counted toward ensuring they earn that minimum wage.