Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

Subscribe to DOL Enforcement RSS Feed

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

DOL Takes the Next Step for a $10.10 Minimum Wage to Employees Servicing and Supporting Federal Contracts

Posted in DOL Enforcement, Executive Orders

Authored by Alex Passantino

Earlier today, the Department of Labor’s Wage & Hour Division (WHD) announced that it will publish a Notice of Proposed Rulemaking (NPRM) to implement a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.  Comments to the NPRM will be due 30 days after its publication in the Federal Register, which has … Continue Reading

The Wage and Hour Litigation Epidemic Continues

Posted in DOL Enforcement

Authored by Richard Alfred

Today, the Federal Judicial Center released the number of wage and hour lawsuits filed in federal courts throughout the country during the 12-month period preceding March 31, 2014 (the FJC’s reporting period). Once again this year, the number of wage and hour lawsuits increased significantly to 8,126, up another 4.7% over the prior 12-month period. See … Continue Reading

One Step Closer to $10.10 An Hour . . . For Federal Contractors, At Least: Executive Order Regulations Head to OMB

Posted in DOL Enforcement, Executive Orders

Authored by Alex Passantino

The Department of Labor (DOL) has taken the next step in making a $10.10 minimum wage for government contract employees a reality.  Yesterday, DOL’s Wage & Hour Division submitted its proposed rule to the White House’s Office of Management and Budget (OMB).  OMB’s Office of Information and Regulatory Affairs will review the rule, and, once approved, … Continue Reading

WEIL CONFIRMED AS ADMINISTRATOR

Posted in DOL Enforcement

Authored by Alex Passantino

Today, for the first time in a decade, the Wage & Hour Division has a Senate-confirmed Administrator.  In last night’s 51-42 vote, the Senate confirmed Dr. David Weil as the Administrator of the U.S. Department of Labor’s Wage and Hour Division.  Dr. Weil previously was Professor of Markets, Public Policy and Law and the Everett W. … Continue Reading