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Audits Fair Labor Standards Act (FLSA)

Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

Holland & Hart - Employers' Lawyers

DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the...more

Davis Wright Tremaine LLP

New York Amends Criminal Larceny Statute to Include Wage Theft

New York employers have another reason to ensure that all employees are properly paid: the risk of criminal prosecution. On September 6, 2023, New York Governor Kathy Hochul signed an amendment to the New York Penal Law which...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

Rumberger | Kirk on

New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

Fox Rothschild LLP on

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

Rumberger | Kirk on

FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Foley & Lardner LLP

Staffing Companies Beware - The Halloween Nightmare of DOL Audits

Foley & Lardner LLP on

Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more

Fisher Phillips

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

Fisher Phillips on

Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

PilieroMazza PLLC

Risk Prevention Strategies: Avoiding Costly FLSA Missteps

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Jackson Lewis P.C.

Employers Will No Longer Get PAID

Jackson Lewis P.C. on

On January 29, 2020, the U.S. Department of Labor (DOL) announced that it was abandoning the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID was introduced in 2018 as a self-audit program,...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: Avoiding Costly FLSA Missteps - February 24th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Gould + Ratner LLP

DOL Issues Updated Guidance, Report on Pandemic-Related Matters

Gould + Ratner LLP on

As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities....more

ArentFox Schiff

Burlington Coat Left Out in the Cold After Massive FLSA Settlement

ArentFox Schiff on

After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages. The cases...more

Harris Beach Murtha PLLC

Governor Lamont Signs Connecticut Restaurant Wage Bill Into Law

On January 6, 2020, Governor Ned Lamont signed bipartisan legislation addressing rates of pay for restaurant workers. The Governor vetoed a previous version of the bill which would have applied retroactively and effectively...more

Jaburg Wilk

Department of Labor Audit, Now What?

Jaburg Wilk on

The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Harris Beach Murtha PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Amundsen Davis LLC

Considerations For Utilizing The DOL’s Pilot “PAID” Program

Amundsen Davis LLC on

In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

Jackson Lewis P.C.

Are Employers Willing To Risk Getting PAID?

Jackson Lewis P.C. on

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more

Maynard Nexsen

DOL Launches "PAID" Self-Audit Program

Maynard Nexsen on

On April 3, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) launched the Payroll Audit Independent Determination program (PAID) on a six-month trial basis. The intent of the program is to allow employers to...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Rejects Narrow Interpretation in Favor of "Fair" Reading of FLSA Exemptions

The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses...more

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

Beltway Buzz - April, 2018

PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more

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

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

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