Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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Get Ready!: OT Rules to OMB

Posted in DOL Enforcement, Overtime

Authored by Alex Passantino

The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this timetable, DOL is looking at the possibility of a May date for publication of a final rule.… Continue Reading

What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

Posted in DOL Enforcement

Co-authored by Brett C. Bartlett and Katherine M. Smallwood

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law.

United States Senators and Representatives employ teams of staff who are required to … Continue Reading

Ninth Circuit “Tips” Away from Prior Decision, Finds Pooling Rules Applicable

Posted in DOL Enforcement, Service Charges/Gratuities

Authored by Alex Passantino

All around the country, tipping practices have been coming under scrutiny.  Restaurants increasingly have abandoned their use of tip credit — and tipping — partially due to a belief that a higher wage not tied to the fluctuations of tipping is better for morale and operations, and partially due to the complexities of dealing with wage … Continue Reading

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

Posted in DOL Enforcement, Joint Employment

Authored by Alex Passantino

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget.  This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the number of WHD employees over 2,000 for the first time in recent memory.  WHD also seeks around $9 million for … Continue Reading

Summertime Blues? Solicitor of Labor Eyes July Publication of Overtime Regs

Posted in DOL Enforcement

Authored by Alex Passantino

Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult for anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the Frances Perkins Building. From statements from the Solicitor last Fall that the rule would be out in “late 2016Continue Reading

WHD Collects Nearly $247 Million in Back Wages

Posted in DOL Enforcement

Authored by Alex Passantino

As the calendar year draws to a close, many federal agencies release their statistics for the preceding fiscal year, which ended on September 30. As part of this year-ending wave of information, the Department of Labor’s Wage & Hour Division released its enforcement statistics for FY2015.

Here are the highlights:

Back wage collections under all acts… Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

Another Blow to DOL Position on Internships

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Robert Whitman and Meredith-Anne Berger

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern whether interns were properly classified as such or should have been treated as full-fledged … Continue Reading

Federal Contractor Minimum Wage to Increase

Posted in DOL Enforcement

Authored by Alex Passantino

As we blogged last year, the President’s Executive Order establishing a minimum wage for certain federal contractor employees requires that the minimum wage be adjusted on an annual basis. In the September 16, 2015 Federal Register, the Department of Labor’s Wage & Hour Division will announce that the wage rate will increase from $10.10 per … Continue Reading