Workplace Compliance News & Resources
Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.
We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.
Wherever available, KPA products are updated with the latest government notices and posters for employers.
Who: All employers
When: Effective immediately
On September 30, 2025, the U.S. Department of Labor (DOL) released opinion letter FLSA2025-04, which applies to nonexempt employees and clarifies that employers must include emergency pay in the regular rate of pay when computing overtime under the Fair Labor Standards Act (FLSA).
The DOL issued the opinion letter in response to a firefighter who believed that the employer should have included emergency pay when calculating overtime premiums (i.e., one-half times the regular rate of pay). The DOL concluded that the emergency pay did not qualify for any of the exceptions related to statutorily required overtime pay. The employee’s right to said pay, the city policy had predetermined the rate, and the pay was not part of work hours ordinarily performed.
Therefore, the DOL determined that emergency pay does not qualify as a discretionary bonus in overtime pay and employers must include emergency pay in the regular rate of pay when calculating overtime rate of pay for firefighters and other non-exempt employees covered by the city’s policy. An opinion letter is not legally binding, but it does explain how the DOL would interpret and apply the law to specific facts.
How:
- Do not treat emergency pay as a discretionary bonus.
- Review, document, and audit your pay policies that include pay calculations.
- Train HR and payroll personnel on the proper calculations of pay and overtime.
- Consult with legal counsel to check if you need to include premiums in the regular rate of pay.
Additional Resources:
Who: Hospitality employers
When: Effective immediately
On September 30, 2025, the U.S. Department of Labor (DOL) released opinion letter FLSA2025-03, which applies to the hospitality industry and clarifies the types of employees that employers should include in the tip pool under the Fair Labor Standards Act (FLSA). To be classified as an individual who customarily and regularly receives tips, an employee must perform service-related functions and have sufficient interaction with customers who leave tips.
The FLSA allows employers to take a tip credit and pay employees as little as $2.13 per hour if the employee’s total earnings, including tips, reach at least the standard minimum wage of $7.25 per hour.
An opinion letter is not legally binding, but it does explain how the agency would interpret and apply the law to specific facts. In this case, the employee in question was a seafood restaurant oyster shucker who spoke with customers about the oyster offerings and prepared the oysters in front of the customers. The Department of Labor determined that employees who shucked oysters qualified for the tip pool. Employees who are waiters, bellhops, waitresses, countermen, busboys, and service bartenders are considered employees who regularly receive tips.
How:
- Assess which employees routinely and customarily interact with customers and provide customer service to determine if they should be part of the tip pool.
Additional Resources:
Who: All employers
When: Effective immediately
On September 30, 2025, the Department of Labor (DOL) issued opinion letter FLSA2025-05, which clarifies when an employer qualifies as a joint employer for purposes of overtime pay. The factors to consider are whether they have sufficiently associated employment relationships with the same employees; they had integrated operations; and had the same owners and some managers who worked in both facilities.
An opinion letter is not legally binding, but it explains how the agency interprets and applies the law to specific facts. In this case, a hotel restaurant hostess requested an opinion letter because she was asked to work shifts at a hotel restaurant and a connected members’-only club. Management said they would not pay overtime because the two organizations are managed by different companies.
The DOL concluded that the restaurant and club are horizontal joint employers under FLSA. Even though they are legally separate entities, the facts of the case indicate that control, ownership, and staff are shared. The DOL ruled that the employer should count the hostess’s hours working for the two organizations as combined for overtime purposes. The joint employers must pay the employee an overtime premium for hours worked in excess of 40 per week.
How:
- Determine if a joint employer relationship exists.
- If so, confirm that the employee has received the FLSA minimum wage and determine the employee’s entitlement to overtime pay.
Additional Resources:
Who: All employers
When: Effective immediately
On September 30, 2025, the Department of Labor issued opinion letter FLSA2025-02, which clarifies how to calculate the number of hours for the Family and Medical Leave Act (FMLA). Under FMLA, employees may use up to 12 weeks of family and medical leave in a 12-month period.
When calculating FMLA leave entitlement, the DOL has said FMLA leave must reflect an employee’s actual work schedule, which includes mandatory overtime but excludes voluntary hours. For employees on non-standard schedules like the Pitman schedule (i.e., a 12-hour rotating shift pattern employers use to have continuous employee coverage), employers should convert leave to an hourly equivalent based on actual hours worked.
An opinion letter is not legally binding, but it explains how the agency interprets and applies the law to specific facts. In this example, a law enforcement employee worked two weeks that included mandatory overtime hours that the employers considered part of their regular workweek. The employee worked a total of 84 hours in two weeks and had the option to volunteer for more hours.
In this case, the employer calculated 42 hours for each week and multiplied that number by 12, which resulted in 504 hours available per year for FMLA leave. Pursuant to the facts of this case, the employer correctly calculated hours available for FMLA leave.
How:
- When calculating the hours available for FMLA leave, reflect the employee’s scheduled workweek, which includes overtime hours but excludes voluntary hours.
- Consult with legal counsel to ensure your leave tracking systems are compliant.
Additional Resources:
Who: All employers
When: Effective immediately
With the U.S. Senate’s confirmation of the nomination of Brittany Panuccio as commissioner of the Equal Employment Opportunity Commission (EEOC) on October 7, 2025, the agency has regained a quorum that it has been without since late January 2025. The quorum enables the agency to review existing policies and regulations and develop new ones.
The EEOC enforces laws against illegal discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. The statutes that the EEOC enforces include Title VII; the Equal Pay Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and the Pregnant Workers Fairness Act.
The EEOC will continue to pursue the agency’s goals and priorities, including:
- Eliminating illegal diversity, equity, and inclusion activities;
- Protecting the rights of religious employees;
- Enforcing new laws related to sex-based rights;
- Modifying the Pregnant Workers Fairness Act regulations;
- Issuing guidance that addresses prohibition of discrimination on the basis of sexual orientation and gender identity;
- Reducing enforcement and outreach; and
- Litigating certain classes of cases.
How:
- Monitor regulatory developments.
- Prepare to update policies and practices to ensure legal compliance.
Additional Resources:
PN141-33 — Brittany Panuccio — Equal Employment Opportunity Commission
2025 Minimum Wage Updates
KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.
Check out the latest minimum wage changes for 2025, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.
Resources for Success
OSHA Reporting Resource Hub
If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.
We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.
