Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

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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

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