News & Analysis as of

Unpaid Overtime Unpaid Wages Department of Labor (DOL)

Parker Poe Adams & Bernstein LLP

DOL Announces Settlement of Three Lawsuits Against Assisted Care Facilities Alleging Unpaid Overtime

Over the past several years, the federal Department of Labor’s (DOL) Wage and Hour Division has focused enforcement efforts on assisted care and related facilities. DOL alleges that some of these employers fail to pay...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

Fisher Phillips on

In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Venable LLP

FLSA Misclassification: Common Mistakes That Employers Make When Classifying Their Employees as "Exempt" from Overtime...

Venable LLP on

In 2021, the U.S. Department of Labor (DOL) collected a whopping $234 million in back wages for nearly 200,000 employees who the DOL determined were not paid in accordance with the Fair Labor Standards Act (FLSA). Experts...more

Seyfarth Shaw LLP

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

Epstein Becker & Green

New Jersey Enacts Sweeping “Wage Theft” Law

Epstein Becker & Green on

On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Jaburg Wilk

What If an Arizona Employer Won’t Pay Wages?

Jaburg Wilk on

If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. ...more

McAfee & Taft

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

McAfee & Taft on

Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more

Franczek P.C.

What to Make of the DOL'S PAID Program

Franczek P.C. on

You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program. Under this program, the DOL invites employers to voluntarily audit their payroll practices and...more

FordHarrison

Getting "PAID" Just Got Easier: The DOL Rolls out a Pilot Initiative to Streamline the Resolution of Wage and Hour Violations

FordHarrison on

On March 6, 2018, the Wage and Hour Division (W&HD) of the U.S. Department of Labor (DOL) rolled out a new nationwide pilot initiative, called the Payroll Audit Independent Determination program—or “PAID.” ...more

Mintz - Employment Viewpoints

U.S. Department of Labor Launches Wage and Hour Self-Reporting Program

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program, the Payroll Audit Independent Determination (“PAID”) program, which encourages employers to self-report inadvertent overtime and minimum...more

Hogan Lovells

Labor Department Launches Pilot Program For Employers to Self-Report Wage Violations

Hogan Lovells on

During a Congressional hearing on March 6th, Labor Secretary Alexander Acosta unveiled a six-month pilot program intended to encourage employers to self-audit and self-report accidental violations of the Fair Labor Standards...more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

It’s PAID: DOL to Supervise Settlements Again in Cases Voluntarily Disclosed by Employers

On March 6, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a new nationwide program to resolve minimum wage and overtime violations under the Fair Labor Standards Act (FLSA). Referred to as...more

Fisher Phillips

"Wage Theft"/"Wage Recovery" Bills Introduced

Fisher Phillips on

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

Seyfarth Shaw LLP

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Mintz - Employment, Labor & Benefits...

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

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