Risk Advisor Konnect Industry News Alerts

March 2025

All Lester Insurance Commercial customers have access to Risk Advisor Konnect

Road to Zero Initiative

OSHA has partnered with the National Safety Council and the Road to Zero Coalition to combat fatal workplace injuries caused by motor vehicle accidents. According to the Bureau of Labor Statistics, transportation-related incidents accounted for 36.8% of the 5,283 fatal workplace injuries in the United States in 2023 and nearly 40% of all fatal workplace injuries from 2018 to 2022.The Road to Zero Coalition aims to eliminate roadway deaths in the U.S. by 2050. This goal will be achieved through educational webinars, the dissemination of best practices in roadway safety, and enabling community support via grants funded by the National Highway Traffic Safety Administration(NHTSA).For more information and resources, visit nsc.org

Is the DOL Turning FMLA Investigations into FLSA Investigations?

The Department of Labor (DOL) appears to be broadening the scope of its Family and Medical Leave Act(FMLA) investigations to include elements of Fair Labor Standards Act (FLSA) compliance. According to recent reports, DOL investigators are increasingly requesting additional information from employers—even when the original complaint solely concerns FMLA leave.

What’s Changing?

During FMLA investigations, the DOL is now requesting detailed payroll data, including:

• Pay rates

• Hours worked

• Overtime calculations

Why Is This Happening?

The DOL’s approach reflects a growing interest in identifying potential FLSA violations that may be linked to FMLA leave usage. For instance:

• Were employees properly paid during FMLA leave periods?

• Are pay calculations, including overtime, compliant with FLSA standards?

• Are there broader wage and hour issues tied to the employee’s time off?

What Does This Mean for Employers?

Employers must prepare for a more thorough review of their employment practices, even if the initial investigation focuses solely on FMLA compliance. This dual scrutiny could expose wage and hour compliance issues unrelated to the original complaint.

Action Steps for Employers

To reduce risks during an investigation, employers should:

• Train Managers on FMLA Compliance
  Ensure all managers understand FMLA regulations, including employee rights and employer responsibilities. Keystone offers comprehensive FMLA training for managers, and annual refreshers are highly recommended.

• Review Payroll Practices
  Confirm that payroll systems and procedures align with FLSA requirements, particularly regarding FMLA-related leave and pay calculations.
  

• Maintain Accurate Records
  Keep detailed and organized records of time worked, pay rates, and any FMLA leave taken to provide clear documentation if requested during an investigation.

• Conduct Internal Audits
  Regularly audit employment practices to ensure compliance with both FMLA and FLSA regulations.
  

Stay Proactive

By taking a proactive approach to compliance, employers can reduce the risk of violations and handle DOL investigations with confidence. Investing in annual manager training and periodic policy reviews can help you stay ahead of potential issues and protect your organization. 

About Risk Advisor Konnect

Risk Advisor Konnect is a service brought to you by our agency that includes helpline access with answers to questions related to (1) Safety/OSHA Compliance (2) Human Resources (3) Claims (4) DOT/FMCSA Compliance. Here are some sample questions that our clients are calling in with:

• Do I need to keep OSHA 300 logs? Do I need to report this information to OSHA?

• My employee was driving to a customer’s location and was injured in an auto accident. Should thisbe an auto claim or work comp?

• How can we ensure our drivers meet the FMCA's qualification standards?

• I just had an employee come to me and tell me they are being harassed. What should I do next?

Contact our team at 888.976.7565 or at myriskadvisor@keystoneinsgrp.com