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DOL WHD Issues Six New Opinion Letters (FLSA and FMLA): Practical Takeaways for Employers
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released six new opinion letters, four under the Fair Labor Standards Act (FLSA) and two under the Family and Medical Leave Act (FMLA). WHD is framing the opinion-letter program as a compliance tool: a way to apply federal labor statutes to concrete workplace fact patterns, and to promote consistency in enforcement. A quick caution up front: opinion letters are fact-specific, and courts are not re
Mark Addington
Jan 56 min read


Danger, Employers, Danger! Is AI Quietly Turning Your “Exempt” Employees Into Overtime Workers?
Florida employers are leaning into artificial intelligence for scheduling, pricing, HR screening, and even management decisions. That makes business sense, but it also raises a quieter question: at what point does AI change jobs so much that a previously “exempt” employee becomes overtime-eligible under the Fair Labor Standards Act (FLSA)? The law has not changed. The duties tests for the executive and administrative exemptions are the same. What is changing is what people ac
Mark Addington
Dec 9, 20255 min read


New WHD Opinion Letters Clarify Tip Pooling Rules and Joint Employer Liability
On September 30, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued four new opinion letters under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act. Two of these opinions, FLSA2025-03 (tip pooling for oyster shuckers) and FLSA2025-05 (joint employer liability) , carry particular weight for restaurants, hospitality groups, and businesses that operate multiple related entities. Tip Pooling and “Front-of-House” Oyster Shuckers (FLSA
Mark Addington
Sep 30, 20253 min read


Florida’s Minimum Wage Will Increase to $14.00 on September 30, 2025
Florida’s minimum wage will rise to $14.00 per hour on September 30, 2025 , under the 2020 constitutional amendment that requires annual...
Mark Addington
Sep 3, 20251 min read


Prosecuting Wage Theft: What Florida Employers Need to Know as Other States Turn Up the Heat
A fast-moving national trend Several jurisdictions now treat the intentional non-payment of wages as a criminal offense. Connecticut...
Mark Addington
Aug 7, 20252 min read


The Wage and Hour Division's PAID Program Is Back. Should Florida Employers Participate?
On July 24, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) officially relaunched the Payroll Audit Independent...
Mark Addington
Jul 24, 20253 min read


Florida’s “Final Paycheck” Trap: What Employers Forget
Why late or partial paychecks can still expose employers to real liability Florida doesn’t have a statute requiring the immediate payment...
Mark Addington
Jul 8, 20252 min read


Can Employers Pay Lower Rates for Drive Time?
FLSA Travel Time, Variable Pay, and Industry Risk in Florida For businesses operating in construction, mobile services, and other...
Mark Addington
Jul 8, 20253 min read


Compliance Challenge: Overtime and Tips No Longer Taxed? What Florida Employers Need to Know Now
The One Big Beautiful Bill, which was very recently signed into law, contains a headline-grabbing provision for working Americans:...
Mark Addington
Jul 8, 20253 min read


DOL Ends Liquidated Damages Demands in Wage and Hour Investigations
The U.S. Department of Labor’s Wage and Hour Division (WHD) has pulled back a powerful settlement lever. In Field Assistance Bulletin...
Mark Addington
Jun 30, 20252 min read
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