DOL, Wage and Hour | JD Supra Law News

Tennessee DOL Steps In for Wage and Hour Complaints

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

Effective April 23, 2013, Tennessee's Wage Regulations Act was amended to eliminate private rights of action for wage and hour violations. Instead, the Tennessee Department of Labor and Workforce Development now possesses the...more

To Pay or Not to Pay? The Test for the Unpaid Intern

by David Dubberly | Nexsen Pruet, PLLC on 5/9/2013

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Wage and Hour Compliance Checklist - How to avoid class actions and prepare for a government audit

by D. Michael Reilly | Lane Powell PC - Labor & Employment Law on 5/2/2013

Will Rogers once said, “Everything is funny as long as it is happening to somebody else.” Employee wage and hour class actions and government audits are never funny. Just ask the president of a sheetrock company sentenced in...more

Thinking About Hiring An Unpaid Summer Intern? What You Need To Know

by Arianna Gleckel | Bean, Kinney & Korman, PC on 5/2/2013

With summer approaching, you may be considering hiring an unpaid intern for the summer months. The process for doing so seems pretty cut and dry. However, litigation in the area of internships has recently increased due to...more

Corporate Compliance After Immigration Reform

by Julie Ferguson | Carlton Fields on 4/18/2013

The so-called Gang of Eight – a bipartisan group of Senators – unveiled its proposed immigration legislation yesterday. The landmark legislation would make the biggest changes to U.S. immigration law in more than 25 years. A...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

by Scott T. Silverman | Akerman Senterfitt on 4/1/2013

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

by Michael Pavlick | K&L Gates LLP on 3/7/2013

“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more

Investigations/Audits Of Employers By DOL Increase And Expand In Scope

by Adam Santucci | McNees Wallace & Nurick LLC on 3/6/2013

The Department of Labor (DOL) routinely investigates and audits employers to ensure compliance with a variety of important labor and employment laws. Historically, wage and hour (overtime) compliance under the Fair Labor...more

How to Survive the Department of Labor’s Wage and Hour Enforcement

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 3/4/2013

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in...more

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

by Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/25/2013

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

The Wage and Hour Movement Against Internship Programs

by Laura Broughton Russell, David L. Woodard | Poyner Spruill LLP on 2/25/2013

Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool...more

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

by Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

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

U.S. Supreme Court Again Takes on FLSA Donning and Doffing

by Danuta Bembenista Panich | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/21/2013

Unionized employers whose employees must wear protective equipment may soon receive direction on whether they must pay for time spent donning and doffing the gear. On February 19, 2013, the U.S. Supreme Court granted review...more

DOL Releases New Regulations Expanding Leave Entitlement for Military Caregivers and Flight Crew Members

by Casey Kurtz, Mark Phillis | Littler on 2/11/2013

On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010...more

The Shale Play Today - January 2013

by Carl Hellerstedt, Jr., Arch Riley, Jr. | Spilman Thomas & Battle, PLLC on 2/4/2013

In This Issue: - Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers - Spilman Assists in Transition of Site from Steelmaking to Shale Gas - Natural Gas Fueling Stations Coming to I-79 in W. Va. and...more

Wage and Hour Division Unveils Plans to Survey Workers' Knowledge of Their Classification as Employees or Independent Contractors;...

by Scott Wenner | Schnader Harrison Segal & Lewis LLP on 2/1/2013

From the advent of the Obama Administration, the U.S. Department of Labor has clearly expressed its intent to adopt an adversarial approach towards employers at the agency and sub-agency levels. As part of that strategy, the...more

Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 1/31/2013

The U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) announced in December of 2012 the recovery of $187,165 of wages for 69 employees as part of its multi-year ongoing enforcement initiative focused on vendors...more

Workplace Policy Institute: Regulatory Agenda Update

by Michael Lotito, Ilyse Schuman | Littler on 1/7/2013

On December 21, 2012, federal agencies released their long-awaited unified agendas and regulatory plans for 2012. Under the Regulatory Flexibility Act, federal agencies are required to publish semi-annual lists of...more

Minimum Wages Increase in 10 States

by Steven F. Pockrass | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2013

Although the federal minimum wage remains at $7.25 per hour, minimum wages increased in 10 states effective January 1, 2013. In nine of the 10 states, the increases are linked to cost of living adjustments based on a consumer...more

Employers Need To Be Careful When Classifying Individuals As Unpaid Interns

by Steven A. Rowe, David L. Woodard | Poyner Spruill LLP on 12/18/2012

Students of all ages seek out desirable unpaid internships. An internship gives the individual valuable experience in a potential chosen field of employment and could possibly lead to a job offer. Recently, a movie production...more

DOL Wage and Hour Division coordinates with New Orleans Mexican Consul

by Thomas L. Watson, II | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/13/2012

The Wage and Hour Division of the U.S. Department of Labor will continue to coordinate with the Mexican consul in New Orleans to ensure that Mexican nationals in Louisiana and Mississippi are aware of and exercise their...more

Timekeeping Policy That Rounds Employees’ Time To Nearest Tenth Of An Hour Is Permissible Under California Law Provided That The...

by Laura Izon Powell, Bruce A. Scheidt, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 12/10/2012

A court of appeal recently concluded that California law does not prohibit the application of a federal regulation that allows employers to compute employees’ work time by using a nearest-tenth rounding method as long as the...more

Is It OK To "Round" An Employee's Worktime?

by John E. Thompson | Fisher & Phillips LLP on 12/1/2012

For many years, some employers have chosen to "round" non-exempt employees' time entries in computing their wages. News items in recent days have reported on a California appellate court's ruling in See's Candy Shops, Inc. v....more

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

by Kevin P. Hishta, Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/7/2012

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

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The United States Department of Labor › Wage and Hour