News & Analysis as of

Unpaid Overtime

DOL Announces PAID – the Pros and Cons of the Wage and Hour Self-Audit

by LeClairRyan on

Double (liquidated) damages and attorneys’ fees are often the tail that wags the settlement dog in government audits and wage and hour litigation. Employers now have another strategy for dealing with unintentional wage and...more

Second Circuit Puts Out Simultaneous Class Arbitration Opinions

Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to...more

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

by 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

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

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

by 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

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

New “PAID” Program Allows Employers to Resolve FLSA Violations and Avoid Penalties

by Shipman & Goodwin LLP on

The Trump administration has already reversed or changed several positions taken by the Department of Labor (DOL) under the Obama administration. That trend continues with the DOL’s announcement of the forthcoming Payroll...more

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

California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay

by Fisher Phillips on

In a unanimous decision, the California Supreme Court today issued a ruling that will have far-reaching effects for employers who pay employees a flat rate bonus and overtime. Specifically, the court ruled that when...more

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

by Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

FLSA Conditional Certification Standard Bites Plaintiffs

by Carlton Fields on

A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime...more

Ironically, a General Release Needs to Be Specific to Apply to Wage Act Claims

by Burns & Levinson LLP on

Often, when settling a dispute, I include a general release that goes something like this...more

InterConnect FLASH! No. 65 - Shipper’s Control Over Courier’s IC Drivers Results in Adverse Joint Employer Ruling

by Benesch on

Recently the U.S. District Court for the Southern District of West Virginia determined that Co-Defendants, Omnicare, Inc. (“Omnicare”) and Act Fast Delivery of West Virginia, Inc. (“Act Fast”) were acting as joint employers...more

Pennsylvania Supreme Court Is Asked to Hear Employer Appeal in State Minimum Wage Act Case

On December 22, 2017, a three-judge panel of the Superior Court of Pennsylvania ruled two to one that the Pennsylvania Minimum Wage Act (PMWA), 43 P.S. Secs. 333.101-333.115, requires payment of a higher rate for each...more

Review Your Pay Practices for Pennsylvania Employees After Recent Court Decision

by Ballard Spahr LLP on

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

Certification Denied in the Latest Misclassification Overtime Class Action

by Bennett Jones LLP on

In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more

New Year, Same Accommodations…Employer Forced to Shell Out Millions for Failure to Accommodate Employee on Disability Leave

Accommodate - verb, to make suitable or consistent; adapt - This simple word, or the lack thereof, is costing a California non-profit, the Asian American Drug Abuse Program, Inc. (AADAP), a lot more than a broken New...more

When Is A Seemingly Exempt Employee Not Truly Exempt?

by Foley & Lardner LLP on

Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

New Law Phases In Overtime Increases for Agricultural Workers

by Ervin Cohen & Jessup LLP on

Beginning on January 1, 2019, Assembly Bill 1066 phases in overtime for agricultural workers over a four year period, ultimately making these workers eligible for overtime pay at one and one-half (1-½) times their regular...more

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA...more

Restaurant Supply Driver’s Federal FLSA Claims Shown The Exit Ramp On MSJ Ruling

by Jackson Lewis P.C. on

Finding not a “scintilla” of evidence to support claims of minimum wage violations, a New York federal district court in Yu Sen Chen et al v. MG Wholesale Distribution Inc. et al, 16-cv-04439 (E.D.N.Y.) dismissed a proposed...more

“Similarly Situated” Seriously Scrutinized by Southern District

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A judge in the Southern District of New York held that FLSA off-the-clock claims could not proceed collectively because the employer’s policy enforcement and approval of overtime compensation varied by...more

Are You Owed Overtime Wages?

by Jaburg Wilk on

The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any...more

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

by Zuckerman Spaeder LLP on

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home...more

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