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The Equal Pay Act & Salary History

Show of hands: who’d like to receive less pay for performing the same functions as your colleagues?

DOL Issues New Information on its PAID Self-Audit and Self-Reporting Program

Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve potential and actual violations of the Fair Labor Standards Act (“FLSA”). The WHD recently issued additional information on the program. While not all-encompassing, the new publication sheds more light on the program’s mechanics and the “steps” employers must take to participate.

DOL Issues Opinion Letters on Rest Breaks, Travel Time and Garnishments

The US Department of Labor (DOL) recently issued three new opinion letters, the first in nearly a decade since the Obama administration abandoned the longstanding practice in 2010.

DOL Announces Two New Opinion Letters: Tackles Travel Time and Breaks

On April 12, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced three new wage and hour opinion letters. The DOL only recently resumed issuing opinion letters on June 27, 2017, after having abandoned the practice several years prior.

DOL Issues Three Opinion Letters and One Fact Sheet

On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay, whether rest breaks provided as a reasonable accommodation are compensable, and what forms of lump-sum payments can be garnished for child support. In addition, the DOL issued a fact sheet detailing when teachers, coaches, and other professionals who work at higher education institutions should be paid overtime.

Opinion Letters Are Back, and Employers Should Pay Attention.

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issues guidance to employers and individuals through Opinion Letters, Ruling Letters, Administrator Interpretations, and Field Assistance Bulletins. An “Opinion Letter” is an official written opinion by WHD of how a particular law that WHD enforces applies in specific circumstances presented by an employer, employee, or other entity requesting the opinion.

Are Employers Willing to Risk Getting PAID?

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imposed if the Agency discovered the violations in the first instance. We initially discussed the PAID program here.

DOL Launches "PAID" Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) launched the Payroll Audit Independent Determination program (PAID) on a six-month trial basis. The intent of the program is to allow employers to pay back wages to workers for inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA) while avoiding penalties and litigation expenses.

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a PAID portal on the DOL’s website. As you may recall, the PAID program is a pilot program that enables employers to conduct self-audits to assess Fair Labor Standards Act (FLSA) compliance and voluntarily report violations to the WHD. Assuming certain conditions are met, the WHD will supervise the payment of back wages to employees impacted by the FLSA violation.

What to Make of the DOL'S PAID Program

You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program. Under this program, the DOL invites employers to voluntarily audit their payroll practices and disclose any “non-compliant practices” to the DOL. The DOL then reviews the employer’s records and calculations of what is owed to employees, and tells the employer what it thinks the employer should pay. The employer then pays its employees, and employees sign a release of any FLSA claims against the employer. Participating employers are not subject to civil monetary penalties and are not required to pay liquidated damages to employees. (Available details on the program are included in the DOL’s press release and a FAQ page on the DOL’s website.)