Earlier this week, the U.S. Labor Department's Wage and Hour
Division published a "Final Rule" entitled,
"Updating Regulations Issued Under the Fair Labor Standards
Act." This document (which affects not only
"regulations" but also interpretative provisions of
lesser status), addresses a number of subjects. These topics
include (among others) fluctuating-workweek pay plans, the impact
of previous changes in the minimum wage, the tip credit available
for tipped employees, and the exemption status of certain employees
in automobile dealerships. The "Final Rule" is effective
on May 5, 2011.
This action is ostensibly the continuation of an initiative
begun in 2008. At that time, the Wage and Hour Division proposed to
clarify and correct certain FLSA principles and to take into
account FLSA amendments that had occurred over a timeframe of more
than three decades. The current administration has now transformed
this undertaking into a plaintiff's-lawyer "wish
list"
