FA Consulting, LLC

10/13/2026

DOL Opinion Letter FLSA2026-4: What It Means for Section 7(i) Commission Pay

Restaurants and other service establishments that pay servers on commission have long relied on the Section 7(i) overtime exemption. In January 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-4 answering two questions that trip up employers in audits. As a former WHD investigator, I have seen both issues surface in the field. Here is what the letter says and what to do about it....

Restaurants and other service establishments that pay servers on commission have long relied on the Section 7(i) overtime exemption. In January 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-4 answering two questions that trip up employers in audit...

09/27/2026

📢 Florida's minimum wage is going up on September 30.

The standard minimum wage rises from $14.00 to $15.00/hr — the final step in the phased increase voters approved back in 2020. After this, it will be indexed to inflation each year going forward.

Tipped employees are affected too: the minimum cash wage increases from $10.98 to $11.98/hr (employers can still apply the $3.02/hr tip credit, but total pay must still reach $15.00/hr).

If your pay rates, tip credit notices, and posted wage requirements haven't been updated yet, now's the time — not on September 30.

We help employers get ahead of changes like this so a routine update doesn't turn into a DOL finding. Book a free consultation: www.frank-alvarado.com

09/09/2026

2026 DOL Regulatory Changes: What Employers Need to Know

The Department of Labor made several significant rule changes in 2026. I am tracking each one as it develops, and pulling the three that matter most for employers into one place below. DOL Rescinds the 2024 Overtime Rule The 2024 rule that would have raised the salary threshold for exempt employees to $1,128 a week has been rescinded. The threshold is back to $684 a week, but employers who already reclassified workers or raised salaries in anticipation of the change need a plan for what happens next....

The Department of Labor made several significant rule changes in 2026. I am tracking each one as it develops, and pulling the three that matter most for employers into one place below. DOL Rescinds the 2024 Overtime Rule The 2024 rule that would have raised the salary threshold for exempt employees....

09/08/2026

$732K Lesson for Florida Restaurants: What the Miyako Buffet Wage Case Teaches About Salary Misclassification

the Lucky King LLC / Miyako Japanese Buffet Investigation Teaches Every Restaurant Employer On September 3, 2026, the U.S. Department of Labor's Wage and Hour Division announced that Lucky King LLC, operating as Miyako Japanese Buffet in Pompano Beach, Florida, will pay $732,976 in back wages to 31 employees. It's a case that's easy to read past as "just another restaurant fine" - but the underlying violation is one of the most common patterns I saw during my time as a DOL investigator, and it's one I still see employers walk into unknowingly: paying a flat "salary" and assuming that alone satisfies wage and hour law....

A Pompano Beach restaurant owes $732,976 for paying flat salaries below minimum wage. See what FLSA-exempt status actually requires and how to check your own payroll.

09/02/2026

Florida’s September 30 Minimum Wage & Tipped Wage Increase: What Employers Need to Know

Florida's Minimum Wage Hits $15 on September 30 — Here's What Changes Mark your calendar: on Tuesday, September 30, 2026, Florida's minimum wage rises to $15.00 an hour — and the cash wage for tipped employees rises to $11.98 an hour. This is the final scheduled step under Amendment 2, the 2020 ballot measure that phased Florida's minimum wage up to $15 over six years....

08/31/2026

When Does DOL Require an Independent Monitor? What Recent Enforcement Actions Show

Most coverage of a DOL wage and hour settlement stops at the back-wage number. What often gets less attention is a second, longer-lasting requirement showing up more frequently in the Department of Labor's enforcement actions: an independent, third-party monitor named directly in the consent order, tasked with verifying the employer actually fixes what went wrong — not just once, but for years afterward....

08/27/2026

DOL’s Proposed 2026 Independent Contractor Rule: What It Means for Southern Employers

If your business relies on contracted labor — farm labor crews, delivery drivers, subcontracted maintenance staff, or seasonal hospitality workers — a rule moving through the Department of Labor right now could change how those workers are classified under federal law. It hasn't taken effect yet, but employers across Florida, Georgia, North Carolina, and Texas should understand it before it does....

08/24/2026

Know the child labor rules for your teen employees? 👷‍♀️

Child labor violations are one of the DOL's fastest-growing enforcement areas — and the penalties per minor, per violation add up fast.

✅ Age determines what's allowed (14-15 vs. 16-17)
✅ School-year hours are capped and restricted
✅ Hazardous jobs are off-limits until 18 — no exceptions
✅ A scheduling oversight can turn into a 5- or 6-figure fine

We've investigated child labor violations firsthand as former DOL Wage & Hour Investigators — now we help employers stay compliant before it becomes a problem.

Not sure your teen employees' schedules are compliant? Book a free consultation at www.frank-alvarado.com

08/20/2026

Think tips always cover minimum wage? The tip credit rule has strict requirements employers miss all the time - cash wage plus tips must equal minimum wage, only certain roles can be pooled, and managers can never keep tips. Have questions about your tip practices? Schedule a free consultation to talk it through.

08/20/2026

Would your payroll records survive a DOL audit tomorrow? Here are red flags investigators check first - incomplete time records, unpaid off-the-clock work, misclassified contractors, and no written pay policies. Wondering where your business stands? Schedule a free consultation to talk it through.