Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in Response

Posted in DOL Enforcement

Co-authored by Louisa Johnson and Alex Passantino

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s overtime pay and minimum wage requirements. In addition to proposing that the minimum salary level for exemption … Continue Reading

Fifth Circuit Fires at the Department of Labor with Colorful, Precedential Prose

Posted in DOL Enforcement

Authored by Kevin Fritz

“Erroneous” “Vindictive” “Indefensible” “Disruptive” “Debacle” “Belligerent” “Botched” “Dubious”

. . . and these words are only from the first seven pages of the opinion.

The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, … Continue Reading

Second Circuit Teaches Unpaid Interns a Lesson

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Robert Whitman, Adam Smiley, and Meredith Kurz

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed employees or trainees. The court also held that this test requires highly individualized inquiries — … Continue Reading

Obama Administration Proposes New Overtime Rules

Posted in DOL Enforcement, Misclassification/Exemptions

Authored by Alex Passantino

Today, the U.S. Department of Labor’s Wage & Hour Division announced its long-awaited proposal to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. Somewhat surprisingly, the Division only made specific proposals with respect to the salary levels required for the exemption and the highly-compensated exemption. In 2016, which is … Continue Reading

Proposed White Collar Exemption Regulations are Coming . . . Soon (and Other Items of Regulatory Interest)

Posted in DOL Enforcement, Misclassification/Exemptions

Authored by Alex Passantino

While much of Washington, DC, begins its preparations for the inevitable summer slowdown, the Department of Labor’s Wage and Hour Division appears to be ramping up for a summer sure to keep wage and hour lawyers across the country hopping (and likely ruining some planned vacations).

Since WHD’s proposed rule made its way over to OMB’s … Continue Reading

“Right to Know” and Responsibility to Disclose: Government Moves Forward with Additional Obligations for Federal Contractors

Posted in DOL Enforcement

Authored by Alex Passantino

On Thursday, the Department of Labor and the Federal Acquisition Regulatory (FAR) Council will issue proposed guidance and proposed regulations, respectively, regarding the implementation of the President’s Fair Pay and Safe Workplaces Executive Order. The Executive Order requires federal contractors to disclose a wide variety of labor law violations, but did not provide great … Continue Reading

Wage and Hour Division Seeks Information on Smartphones’ Impact on Hours Worked

Posted in DOL Enforcement

Authored by Alex Passantino

In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours outside of scheduled work outside of scheduled work hours.”  No formal rulemaking has been … Continue Reading

The Department of Labor Investigates Retailers’ Relationships with Janitors

Posted in DOL Enforcement, Independent Contractors

Co-authored by Lynn Kappelman, Timothy Haley, and Karla E. Sanchez

Recently, we learned that the Department of Labor’s Wage & Hour Division has launched a sweeping FLSA compliance review focused on major retailers who employ janitorial workers. As part of that initiative, WHD has visited multiple retailer locations and has interviewed location management and janitorial employees. WHD has … Continue Reading