Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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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


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

ContractorGate: Court Awards Employer Over $550,000 In Attorney’s Fees And Costs Based On DOL’s Unreasonable Litigation Position

Posted in DOL Enforcement, Independent Contractors, Misclassification/Exemptions

Co-authored by Julie G. Yap and Rachel M. Hoffer

This week, the United States District Court for the Southern District of Texas ordered the Department of Labor to fork over $565,527.61 in attorneys’ fees and costs to a Texas employer.  Why such a hefty fee award?  The DOL’s position that the employer misclassified gate attendants as independent contractors was not … Continue Reading

Hitting the Unpaid Intern Trifecta: Litigation, Certification, and Settlement

Posted in Conditional Certification, DOL Enforcement, Overtime

Co-authored by Adam Smiley and Nadia Bandukda

With the Kentucky Derby less than a month away, we have a trifecta of unpaid internship developments for you:

First, On April 4th, the U.S. Department of Labor filed an amicus brief… Continue Reading with the Second Circuit Court of Appeals, arguing in support of the Hearst unpaid interns, who are appealing the Southern District

President Directs Secretary of Labor to Begin the Regulatory Process

Posted in DOL Enforcement, Misclassification/Exemptions, Salary Basis

Authored by Alex Passantino

As we expected when we reported on this yesterday, President Obama today signed a Presidential memorandum directing the Secretary of Labor to “restore the common sense principles” related to overtime.  In his remarks, President Obama focused on his belief that overtime protections have “eroded,” that “if you work more, you should be paid more,” and that … Continue Reading

Exempt No More? DOL to Propose Sweeping Changes to White Collar Exemptions

Posted in DOL Enforcement, Misclassification/Exemptions, Salary Basis

Authored by Alex Passantino

Today, the New York Times reported that the Obama Administration intends to propose comprehensive changes to the Fair Labor Standards Act’s most significant exemptions — the exemptions for executive, administrative, and professional employees.  

Although the details are still fuzzy, it appears — as we suggested last week — that the Administration will seek to raise the … Continue Reading

Keeping the Pressure on Employers, Administration Requests $41 Million Budget Increase for Wage & Hour Division

Posted in DOL Enforcement

Co-authored by Alex Passantino and Lawrence Lorber

Yesterday, the White House released the President’s budget request for FY2015.  The U.S. Department of Labor’s budget request includes more than $11.8 billion in funding increases across all of its programs.  The Wage & Hour Division would get $41 million of that increase. 

This massive (18%) increase to WHD’s budget seeks to … Continue Reading