News & Analysis as of

OFCCP To Require Federal Contractors To Report Wage Information

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued a notice of proposed rulemaking, which, if adopted, would amend regulations under Executive Order 11246 to require certain...more

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors....more

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

Employers Must Post Updated Minimum Wage Order by July 1, 2014

Effective July 1, 2014, the California minimum wage increases to $9.00 per hour (from $8.00). It will increase further to $10.00 per hour effective January 1, 2016. Employers must post the applicable California Department of...more

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split...more

DOL Proposes New Federal Contractor Minimum Wage to Carry Out Executive Order

In February, President Obama signed Executive Order 13,658 increasing the minimum wage for work performed by federal contractors to $10.10 per hour. The Order resulted from the administration’s continuing frustration with...more

Department of Labor Announces Proposed Rules to Raise the Minimum Wage for Federal Contract Workers; Federal Contractors Should...

In response to President Obama's Executive Order earlier this year, the Department of Labor has issued a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for raising the minimum wage paid to...more

DOL Proposes Rule to Establish Higher Minimum Wage for Federal Contractors

The rule would set the wage at $10.10 for covered contracts beginning in 2015. On June 17, the U.S. Department of Labor (DOL) formally proposed a new rule to implement Executive Order 13658, which, in February 2014,...more

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

One Step Closer to a $10.10 Minimum Wage for Federal Contractors: Proposed Rule Implements EO 13658

On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The...more

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

Ignoring the Bonus True-Up: How a Seemingly Small Oversight Can Lead to Complex Litigation

As many employers recognize, a seemingly small oversight in administering employee payroll can have significant consequences, including unexpected complex litigation. One such oversight is failing to consider the wage-hour...more

Settlement Between U.S. Department of Labor and Blueberry Growers Vacated

In 2012, the Department of Labor accused Oregon blueberry growers of employing "ghost workers" resulting in minimum wage violations. The DOL then issued what is known as a "hot goods order"...more

Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast,...more

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

President Obama Directs USDOL To Revamp FLSA Overtime Exemptions So More Employees Are Eligible For Overtime Pay

On March 13, 2014, President Obama signed a Memorandum directing the U.S. Department of Labor (USDOL) to revamp the regulations regarding who qualifies for overtime under the Fair Labor Standards Act (FLSA). The FLSA...more

President Obama Delivers Double Dose of Wage-Related Rules to Employers

President Obama signed two important documents this week that impact many employers. First, he signed an Executive Order protecting employees who disclose their compensation to co-workers. Second, he sent a Presidential...more

President Obama Wields His Executive Power Once Again to Target Federal Contractors on Pay Issues

On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring...more

Time To Update Your New Jersey Wage And Hour, Payment Of Wages Posters

The New Jersey Department of Labor (NJDOL) just updated two of its mandatory workplace posters, which New Jersey employers should post immediately. The Wage and Hour Law Abstract has been updated to reflect the new minimum...more

Federal Minimum Wage Stagnant but 13 States Raise Their Minimum Wages

In 2013, the U.S. Department of Labor made raising the federal minimum wage one of its priorities. The federal agency sought to create a discussion about the minimum wage through social media and town hall meetings across the...more

Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has...

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum...more

Bi-Weekly Pay in RI - Finally!!

We alerted you a few weeks ago that while we were all excited about the prospect of bi-weekly pay, we were still waiting for the required application to appear on the Rhode Island Department of Labor and Training ("DLT")...more

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