Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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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 Kurz

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

Seyfarth Submits Comments in Response to Proposed Overtime Rules

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Adam Vergne and Kevin Young

On Friday, Seyfarth’s Wage & Hour Litigation Practice Group submitted its comments to the Wage and Hour Division’s recent Notice of Proposed Rulemaking. As our readers know, the NPRM signals a potential overhaul to the FLSA’s white-collar exemptions. Seyfarth’s comments offer an insightful response to each aspect of the NPRM. Although not … Continue Reading

What the Browning-Ferris Decision May Forecast for Wage and Hour Law

Posted in DOL Enforcement, Independent Contractors, Joint Employment

Co-authored by Richard Alfred and Patrick Bannon

The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. A business can be found to be a joint employer of individuals, the Board concluded, even if the business has only unexercised potential power to control the … Continue Reading

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

Posted in DOL Enforcement

Co-authored by Gena Usenheimer and Jade Wallace

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit Court of Appeals for the District of Columbia upheld the DOL’s proposed regulations. Assuming no … Continue Reading

Full Court Press for Interns at Second Circuit?

Posted in DOL Enforcement

Co-authored by Robert WhitmanAdam J. Smiley, and Meredith Kurz

As this blog previously reported, a three-judge panel of the Second Circuit ruled against two separate groups of interns in early July, applying the “primary beneficiary” test—to evaluate whether unpaid interns are trainees not entitled to wages or employees who must be paid—and stating that conditional and … Continue Reading