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Wage and hour claims remain a hot topic in employment litigation. The Sixth U.S. Circuit Court of Appeals recently addressed a case involving pay deductions. While the court rejected some of the employees’ arguments, it ultimately agreed with the district court that the employer violated the Fair Labor Standards Act (FLSA) by making certain deductions […]
The Government Accountability Office (GAO) recently released a report and congressional testimony concerning its investigation of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The GAO concluded that the “WHD frequently responded inadequately to complaints, leaving low wage workers vulnerable to wage theft.” This article summarizes the GAO’s report, DOL Secretary Hilda […]
by Sarah McAdams Do you keep your personal Blackberry or iPhone on your bedside table, yanking yourself from deep sleep every time a new message dings in? You’re not alone, sad addict. I, for instance, am typing this on a Saturday at a picnic table in my backyard. For years, employers have most frequently issued […]
On February 10, 2009, Congresswoman Cathy McMorris Rodgers (R-Washington) again introduced the Family Friendly Workplace Act, which, if passed, would amend the Fair Labor Standards Act (FLSA) and authorize private employers to provide compensatory (or “comp”) time off in lieu of overtime pay. For almost 20 years, the public sector has been using comp time, […]
Alexander Passantino’s advice to the lovelorn may not be the makings of the next Sex and the City show, but his pen holds serious sway with hipsters of the payroll specialist in crowd. Alex is the acting administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). As the grand oracle of […]
(Updated May 2010) By Hillary J. Collyer Summer is here, which means that student interns are arriving for their summer internships — and many of these internships are unpaid. Internships afford students the opportunity to gain practical, real world experience, as well as explore various career paths and develop potential contacts. Employers should be careful, […]
An arbitrator has ruled that the U.S. Equal Employment Opportunity Commission’s (EEOC) practice of giving comp time to employees who worked extra hours didn’t meet the requirements of the Fair Labor Standards Act (FLSA). The ruling stems from a 2006 grievance protesting the EEOC’s reclassification of certain investigators and mediators as exempt from overtime under […]
After a nine-month undercover investigation into the Department of Labor’s (DOL) ability to enforce and investigate violations of federal minimum wage, overtime, and child labor laws, the Government Accountability Office (GAO) reports serious failures. The report, which was released March 25, was prompted by a request from the House Education and Labor Committee. The investigation […]
by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]
The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]