Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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Seyfarth Workplace Class Action Team To Present Webinar on 2014 Class Action Developments and What Lies Ahead

Posted in DOL Enforcement

On January 22, Seyfarth Shaw’s class action experts are presenting a webinar to discuss highlights from Seyfarth’s 11th Annual Workplace Class Action Litigation Report.  The Report covers the array of bet-the-company litigation issues that businesses face and discusses the emerging trends and continuing rising tide of both EEOC litigation and Wage & Hour class actions and collective actions.

The Report … Continue Reading

Home Health Care Agencies Find Companion in Federal Court

Posted in DOL Enforcement

Co-authored by Gena B. Usenheimer and Jade Wallace

The close of 2014 presented a host of potential problems for home health care providers.  As a result of new Department of Labor (“DOL”) regulations changing the federal “companionship” exemption from overtime and minimum wage requirements, many home health care agencies have been bracing themselves for significant changes to their … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

2014 saw no letup in the deluge of wage and hour litigation.  Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%.  With the increase in litigation in this area, … Continue Reading

Integral Clothes and Mistletoes: 2014 Year in Review

Posted in Arbitration Agreements, Decertification, Defenses, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission,
The annual wage hour “sum-up” composition.
And to start it all off, we’ve got something nice,
‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those;
As Justice Scalia answered “What counts as clothes?”
With … Continue Reading

DOL Issues Final Rule on Minimum Wage for Certain Federal Contractor Employees

Posted in DOL Enforcement, Executive Orders

Authored by Alex Passantino

As we noted previously, on October 7, 2014, the Department of Labor’s Wage & Hour Division (WHD) issued a Final Rule implementing a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.

Executive Order 13658 generally requires that the hourly minimum wage paid by contractors to workers performing “on or in connection … Continue Reading

DOL Ties Its Own Hands—and Only Its Own Hands—on Companionship Services

Posted in DOL Enforcement

Authored by Alex Passantino

On Thursday, the Department of Labor will publish in the Federal Register a notice announcing a limited duration non-enforcement policy regarding the Wage & Hour Division’s companionship services regulation.  The final rule was published more than a year ago and has an effective date of January 1, 2015.

The operational challenges faced by employers as a … Continue Reading

Regs Keep on Slippin’ Into the Future: Part 541 Rules Expected After Year’s End

Posted in DOL Enforcement

Authored by Alex Passantino

Back in May, the Department of Labor announced a target date of November 2014 for publication of a proposed rule on revisions to the Part 541 regulations (pp. 56-57). However, Law 360 reports (subscription required) that Solicitor of Labor Patricia Smith does not believe that the Department will hit their mark.  Rather, Smith “hoped to see … Continue Reading

Minimum Wage for Certain Federal Contractor Employees: Final Rule to Be Issued on October 7, 2014

Posted in DOL Enforcement

Authored by Alex Passantino

Despite the fact that the rule is as of today still listed as under review by the Office of Management and Budget, the Labor Department announced that it would publish a final rule implementing Executive Order 13658 in the October 7, 2014, Federal Register.

The Wage & Hour Division has established an EO 13658 website containing … Continue Reading

The $10.10 Minimum Wage for Employees Servicing and Supporting Federal Contracts Moves a Little Further on Down the Road: DOL Sends Final Rule to OMB for Review

Posted in DOL Enforcement

Authored by Alex Passantino

Last Friday, the Department of Labor’s Wage & Hour Division (WHD) submitted to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) its Final Rule to implement a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.  The Final Rule will address comments made by the … Continue Reading

Supreme Court to Decide Department of Labor’s Freedom to Flip-Flop

Posted in DOL Enforcement, Misclassification/Exemptions, Overtime, Uncategorized

Authored by Barry J. Miller

On Monday, the Supreme Court accepted a petition for review two cases that may restrain administrative agencies, most notably the Department of Labor, in flip-flopping their interpretations of the law as control of those agencies passes between political parties.  The outcome of the case could hand employers a measure of certainty and stability as they … Continue Reading