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When it comes to the Fair Labor Standards Act (FLSA), no employer is small enough to fly under U.S. Department of Labor’s (DOL’s) enforcement radar. Defunct 1st National Leasing Inc. agreed to pay eight former telemarketing employees $34,235 in back wages under a July 19 consent judgment that will put an end to DOL allegations […]
These Queen lyrics fit what’s going on with President Obama’s nominees to the Wage and Hour Division: And another one gone, and another one gone; another one bites the dust! President Obama withdrew the nomination of Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor on Aug. […]
In these times of serious belt-tightening, especially in the public sector, everyone is looking for ways to save money. Some are willing to take the risk of breaking the law to do it, and some of them get caught — and waste a lot more money as a result. The Chicago Transit Authority (CTA) took […]
If Superman had to get government approval on at what point the removal of his Clark Kent suit turns him into a superhero, he might end up feeling like he hit a wall of Kryptonite. That’s likely how many employers feel as they try to deal with conflicting regulatory and judicial opinions on when an […]
“If at first you don’t succeed, try, try again,” goes the old saying. Heeding that advice, legislators recently introduced two new bills that would expand employee protections under the Fair Labor Standards Act, recycling similar bills that failed in past sessions of Congress. One bill, introduced in both houses of Congress, would extend FLSA coverage […]
Employers can say “Catch me if you can,” but they had better be ready to explain their decisions when the DOL says ‘I caught you,” says consultant Jonna Contacos-Saywer. “There is a dramatic increase in wage and hour lawsuits,” says Contacos-Sawyer (and the recent Wal-Mart decision probably means an even greater increase). At her presentation […]
Even state agencies are not immune from the U.S. Department of Labor’s ongoing aggressive enforcement actions, as reflected in a recent lawsuit filed against the Texas Department of Family and Protective Services’ Child Protective Services Division (CPS). The lawsuit is seeking more than $1 million for back overtime pay that DOL claims is owed 800 […]
Does an employee “assist in the running or servicing of the business” if he designs systems for a client rather than for the business itself? According to a recent ruling from the 3rd U.S. Circuit Court of Appeals, the answer is “yes,” thereby helping the employee satisfy one of the key requirements for the administrative […]
Connecticut legislators approved a bill that will require most employers in the service sector to provide paid sick days to their workers, continuing a trend of states creating more paid sick leave rights for workers. The bill passed on a 76-65 vote after a long debate in the state House of Representatives on June 3 […]
Of all class and collective actions filed in 2010 claiming employment law violations, 91 percent involved federal and/or state wage and hour claims, according to the law firm Littler Mendelson LLC. Federal and state wage and hour class and collective actions filed during the 2010 calendar year totaled about 3,785 nationwide, according to data collected […]