Wage & Hour Litigation Blog

Category Archives: DOL Enforcement

Subscribe to DOL Enforcement RSS Feed

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

Seyfarth Workplace Class Action Team To Present Webinar on 2014 Class Action Developments and What Lies Ahead

Posted in DOL Enforcement
On January 22, Seyfarth Shaw’s class action experts are presenting a webinar to discuss highlights from Seyfarth’s 11th Annual Workplace Class Action Litigation Report.  The Report covers the array of bet-the-company litigation issues that businesses face and discusses the emerging trends and continuing rising tide of both EEOC litigation and Wage & Hour class actions and collective actions.

The Report … Continue Reading

Home Health Care Agencies Find Companion in Federal Court

Posted in DOL Enforcement

Co-authored by Gena B. Usenheimer and Jade Wallace

The close of 2014 presented a host of potential problems for home health care providers.  As a result of new Department of Labor (“DOL”) regulations changing the federal “companionship” exemption from overtime and minimum wage requirements, many home health care agencies have been bracing themselves for significant changes to their … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

2014 saw no letup in the deluge of wage and hour litigation.  Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%.  With the increase in litigation in this area, … Continue Reading

Integral Clothes and Mistletoes: 2014 Year in Review

Posted in Arbitration Agreements, Decertification, Defenses, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission, The annual wage hour “sum-up” composition. And to start it all off, we’ve got something nice, ‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those; As Justice Scalia answered “What counts as clothes?” With … Continue Reading

DOL Issues Final Rule on Minimum Wage for Certain Federal Contractor Employees

Posted in DOL Enforcement, Executive Orders

Authored by Alex Passantino

As we noted previously, on October 7, 2014, the Department of Labor’s Wage & Hour Division (WHD) issued a Final Rule implementing a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.

Executive Order 13658 generally requires that the hourly minimum wage paid by contractors to workers performing “on or in connection … Continue Reading

DOL Ties Its Own Hands—and Only Its Own Hands—on Companionship Services

Posted in DOL Enforcement

Authored by Alex Passantino

On Thursday, the Department of Labor will publish in the Federal Register a notice announcing a limited duration non-enforcement policy regarding the Wage & Hour Division’s companionship services regulation.  The final rule was published more than a year ago and has an effective date of January 1, 2015.

The operational challenges faced by employers as a … Continue Reading