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FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too

Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties. That’s true...more

7/14/2014 - Compliance DOL Enforcement Actions FLSA I-9 Immigrants

When is a Commute Not a Commute? In a Company Car (Well, Maybe)!

In my last post, I outlined the “normal” commuting case after Congress passed the Employee Commuting Flexibility Act (ECFA). The ECFA clarified the applicability of the Portal-to-Portal Act to the payment of wages to...more

6/27/2014 - Commuting Company Cars DOL Employer Liability Issues Wage and Hour

You Load 16 Tons, What Do You Get: A Worthless Franchise!

Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional,...more

5/30/2014 - Contractors DOL Employer Liability Issues Full-Time Employees Independent Contractors Misclassification

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

5/28/2014 - Administrative Procedure Act Amended Regulation Barack Obama DOL Employee Rights Employer Liability Issues Employer Mandates Executive Orders FLSA OIRA Unpaid Overtime

The Boys of Summer: Interns, Seasonal Workers and More

Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more

5/27/2014 - DOL Employer Liability Issues Employer Mandates FLSA Hiring & Firing Hospitality Industry I-9 Internships Seasonal Workers Student Employees Unpaid Interns Wage and Hour

Wage And Hour Due Diligence Solutions In The M&A Context

As I mentioned yesterday, in order to avoid costly lawsuits or DOL enforcement actions, FLSA and state wage and hour due diligence should be a substantial part of the overall due diligence process in any deal involving a...more

5/16/2014 - Compliance DOL Due Diligence Enforcement Actions FLSA Wage and Hour

Ongoing Confusion About Tips, Even From The White House

Recently, I explained that revising the FLSA regulations will not be easy, and highlighted tip credits as one such area in particular. In my last post, I discussed yet another case involving the miscalculation of wages for...more

5/8/2014 - DOL Employer Mandates Equal Pay FLSA Minimum Wage Tips Wages

Senate Confirms First Department Of Labor Wage And Hour Division Administrator In Decade

The Senate voted narrowly on Monday to confirm David Weil as administrator of the Department of Labor’s Wage and Hour Division (WHD). The narrow 51-42 majority followed a similarly narrow 12-10 party-line committee vote in...more

4/30/2014 - Confirmation Proceedings DOL Wage and Hour

President Seeks Additional Funding For DOL To Clear Case Backlog

Although unlikely to be passed in its current form, President Obama’s Fiscal Year 2015 budget request to Congress allocates an additional $2 million of the Department of Labor’s requested $1.8 billion budget so that the...more

4/23/2014 - DOL Enforcement Actions

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict...

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung...more

4/16/2014 - Default Judgment DOL Memorandum of Understanding NLRA NLRB

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

4/10/2014 - DOL Employee Rights FLSA Minimum Wage Over-Time Unpaid Overtime

Seventh Circuit Gets (Maybe Too) Clever In FLSA Donning And Doffing Case (Part 1 Of 2)

A few weeks ago on Twitter, I remarked on Mitchell v. JCG Industries, a case from the Seventh Circuit penned by Judge Richard Posner: Worked OK for #employer here, but scary precedent for all if judges do own demos...more

4/2/2014 - Doffing DOL Donning FLSA Protective Gear Wage and Hour Workplace Attire

Obama Administration Orders Department Of Labor To Revise “White-Collar” FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced today that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

3/14/2014 - DOL Employee Definition FLSA Minimum Wage Unpaid Overtime White-Collar Exemptions

Department Of Labor Delays Persuader Rules Again; Will Not Be Released This Month

As we have been reporting, the U.S. Department of Labor (DOL) has been considering new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has...more

3/10/2014 - DOL LMRDA OIRA Persuader Rules Reporting Requirements

Department Of Labor Resets Persuader Rules Deadline For March 2014

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

12/6/2013 - Compliance Consultants Contractors Deadlines DOL LMRDA Persuader Rules

Department Of Labor Sets November 2013 Deadline For Persuader Rules

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

7/12/2013 - Compliance DOL LMRDA Persuader Rules

As May Approaches, No Sign Of Persuader Rules From Department Of Labor

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

4/29/2013 - DOL Filing Requirements LMRDA Proposed Regulation Reporting Requirements

Department Of Labor Quietly Announces Impending Release Of New “Persuader Rules”

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

1/3/2013 - DOL Persuader Rules Unions

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