News & Analysis as of

Employment Law - November 2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

You Better Watch Out, You Better Not Cry... Wage and Hour Investigations on the Rise

A representative from the U.S. Department of Labor (DOL)'s Wage and Hour Division recently warned that the payroll practices of some of this state's most active industries (including the oil and gas services industry) may be...more

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

If I was Secretary of Labor: Fixing the FLSA with a Safe Harbor

Last week, I answered some of the questions that we have been receiving about the new FLSA regulations, but I saved one that I hear almost everywhere I go: what should the Department of Labor do with the FLSA? Last week, I...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

Obama Administration Delays Workplace Protections for Home-Care Workers

The Obama Administration recently announced it will postpone enforcement of a new rule extending minimum-wage and overtime protections to the nation’s nearly two million home-care workers. Although still scheduled to go into...more

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of...more

Wage Protection Act Makes Significant Changes to Colorado Wage and Hour Law

Significant changes to Colorado’s wage and hour law are set to go into effect on January 1, 2015, with the implementation of the Wage Protection Act of 2014 (the Act or the amendments). The Act amends the Colorado Wage Claim...more

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

Federal Contractor Minimum Wage Provisions Finalized

In July, we alerted government contractors and subcontractors to the Department of Labor’s (DoL) Proposed Rule to implement Executive Order (EO) 13658, which raises the minimum wage for covered employees working directly on,...more

Misclassification Initiatives Spread as Alabama Signs Formal Pact with DOL

On October 2, 2014, the Alabama Department of Labor and the U.S. Department of Labor (DOL) entered into a formal Memorandum of Understanding (MOU) or agreement to share information regarding independent contractor...more

When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more

Are You Paying Home Health Workers Federal Minimum Wage and Overtime? If Not, It’s Time to Start

Traditionally, home health workers who have provided for the care, fellowship, and protection of persons who, because of their advanced age or physical or mental infirmity could not care for themselves, have been exempt from...more

And the Numbers Are Finally In . . . Wage and Hour Division Releases Enforcement Statistics

After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from...more

House Subcommittee Questions Department of Labor’s Enforcement of “Hot Goods” Provision

The House Agriculture Subcommittee on Horticulture recently held a hearing to address growing concerns that the U.S. Department of Labor (DOL) is using the "hot goods" provision of the Fair Labor Standards Act of 1938 (FLSA)...more

Department of Labor Sends Final $10.10 Minimum Wage Rule to OMB for Approval

Back in February, we told you about President Obama’s Executive Order 13658 increasing the minimum wage for federal contractor employees. Late last week, the Department of Labor’s Wage & Hour Division (WHD) submitted its...more

The New Union-Organizing Tool - Embarrassment

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more

Learning From LinkedIn: More Big Name Employment Law Violations Showcase Need For Wage and Hour Compliance Training

I confess that up until the huge LinkedIn case last month, I had no idea what wage and hour training even is, or why anyone needed to take it. After all, it’s pretty simple, right? Pay nonexempt workers their regular wage for...more

NLRB Increases Coordination Among Enforcement Agencies, Urges NLRB Regional Offices To Advise Employees About Wage-Hour And...

On August 8, 2014, the Associate General Counsel for the National Labor Relations Board (NLRB) issued a memorandum directing that the NLRB regional offices should advise employees of their rights to file complaints with the...more

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