Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

Subscribe to DOL Enforcement RSS Feed

“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

Wage and Hour Division Seeks Information on Smartphones’ Impact on Hours Worked

Posted in DOL Enforcement

Authored by Alex Passantino

In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours outside of scheduled work outside of scheduled work hours.”  No formal rulemaking has been … Continue Reading

The Department of Labor Investigates Retailers’ Relationships with Janitors

Posted in DOL Enforcement, Independent Contractors

Co-authored by Lynn Kappelman, Timothy Haley, and Karla E. Sanchez

Recently, we learned that the Department of Labor’s Wage & Hour Division has launched a sweeping FLSA compliance review focused on major retailers who employ janitorial workers. As part of that initiative, WHD has visited multiple retailer locations and has interviewed location management and janitorial employees. WHD has … Continue Reading

Proposed Overtime Regulations Slated for “Spring”

Posted in DOL Enforcement, Misclassification/Exemptions, Uncategorized

Authored by Alex Passantino

On Wednesday, Secretary of Labor Thomas E. Perez told a House committee that he hoped the Department’s proposed revisions to the white-collar overtime regulations would be published this Spring.

During a hearing of the House Education and Workforce Committee in which the topic was the President’s FY2016 budget request for the Department of Labor, Secretary Perez … Continue Reading

525,600 Minutes of Overtime Consideration

Posted in DOL Enforcement

Authored by Alex Passantino

For twelve months, the employer community has been on the lookout for a regulatory proposal that would fundamentally change the application of the most-used exemption from minimum wage and overtime—the Part 541/white-collar exemption.  Increased salary obligations, a heightened requirement to establish an exempt employee’s primary rule, and a number of other changes have been rumored.

Today … Continue Reading

Wage and Hour Division Requests $49 Million Increase to Pressure Fissured Industries

Posted in DOL Enforcement

Co-authored by Alex Passantino and Kevin Young

Although widely regarded as being “dead on arrival,” the President’s recently released FY2016 budget request provides many insights into the Administration’s priorities.  Those insights are crystal clear when it comes to the Labor Department:  the Administration will continue to focus on equipping the Department with the resources necessary to aggressively increase its investigation, … Continue Reading

Live From New York – It’s The Second Circuit (Unpaid Intern Case)!

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Robert S. Whitman and Adam J. Smiley

The Second Circuit heard arguments this morning in two cases that raise critical issues for the fate of internships in for-profit businesses: Fox Searchlight’s appeal of the decision granting summary judgment and class certification to interns who worked on film productions, and the appeal by former Hearst Corporation interns whose motion … Continue Reading

Unpaid Internship Showdown at the Second Circuit

Posted in DOL Enforcement

Co-authored by Robert S. WhitmanNadia S. Bandukda, Adam J. Smiley, and Jade Wallace

The Super Bowl isn’t the only major showdown coming this weekend.

On Friday morning, a three-judge Second Circuit panel will hear argument in two cases raising critical issues for the fate of internships in for-profit businesses:  (1) Fox Searchlight’s appeal of the decision … Continue Reading