DWT Employment

The Fair Labor Standards Act and New York’s Minimum Wage Orders require employers to pay non-exempt employees overtime for all hours worked over 40 hours in a workweek.
Following closely along the path blazed by the new Association Health Plan (AHP) rules (see our detailed advisories here and here), the Department of Labor (DOL) has issued proposed regulations to allow multiple employers to join in an Association Retirement Plan (ARP) or a plan sponsored by a Professional Employer Organization (PEO). The rules do not allow “open MEPs,” that is, a multiple employer plan where the only thing the employers have in common is participation in the plan (pending legislation would have to be passed to take that step); but, they do offer a limited expansion of the opportunity for small employers and self-employed “working owners” to join together to participate in plans with the benefits of economies of scale, lower investment fees, and professional management—goals that have bipartisan support given that many small employers do not offer any retirement plan.
The U.S. Department of Labor (USDOL) performs wage and hour audits of employers by selecting them at random, or because they are in targeted industries (usually low-wage), or as a result of a complaint from an employee or former employee. These investigations have increased significantly over the past few years and can result in orders for back wages and penalties. What steps should you take when USDOL comes knocking (generally with no prior notice)? Read on and you’ll learn!
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