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It’s Confirmed Again—Davis-Bacon Has No Private Right of Action

In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more

7/9/2013 - Davis-Bacon Act DOL Employee Benefits Employee Rights Employer Liability Issues FLSA Fringe Benefits Prevailing Wages Private Right of Action Wage and Hour

U.S. DOL Suffers Set Back on Tip-Pooling Regulations

A federal district court recently invalidated regulations issued by the U.S. Department of Labor (DOL) that prohibit employees from including non-tipped employees in a tip pool in certain situations. ...more

6/24/2013 - DOL FLSA Tip Credit Tip-Pooling Tips

What’s on the Regulatory Horizon Part Two: Wage and Hour Division Tips Its Hand

In the first part of this series, we examined the three major strategies in the U.S. Department of Labor’s (DOL) regulatory agenda. In part two of this two-part series, we will look at one regulatory topic of great interest....more

2/25/2013 - Classification DOL Employee Benefits FLSA Misclassification Right To Know Wage and Hour

What’s on the Regulatory Horizon Part One: The DOL’s Strategies on Wage and Hour

In this two-part series of blog posts we will examine the regulatory agenda of the U.S. Department of Labor’s (DOL) Wage and Hour Division. Late last year, the Wage and Hour Division (WHD), along with other regulatory...more

2/22/2013 - DOL FLSA FMLA Over-Time Plan-Prevent-Protect Wage and Hour

How to Report Audit Results and Resolve Issues Identified in the Audit

In this, our fourth installment in our series on the “Anatomy of a Department of Labor Audit,” we address both how to report audit results and how to resolve issues identified in the audit....more

11/7/2012 - Audits DOL FLSA Misclassification Wage and Hour

Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more

10/8/2012 - Audits DOL Exempt-Employees Independent Contractors Internal Investigations Misclassification Non-Exempt Employees Over-Time Wage and Hour

Your Federal Government is Here to Help—Anatomy of a DOL Audit

Under the Obama administration, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has become re-energized and is the most active it has been for many years. While the WHD still lacks a permanent...more

7/18/2012 - Audits DOL Enforcement Enforcement Actions Independent Contractors Internal Investigations Wage and Hour

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