Federal Wage & Hour Laws and Policy

On prevailing wage projects, employees are paid for the different trade work they do by the rate for that trade.  Sometimes, employees work in more than one classification (e.g. Carpenter
Continue Reading On Davis-Bacon/Prevailing Wage Projects, Be Aware of “Split Classification” Issues and Problems

I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that
Continue Reading Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees

I have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document.  One is a confidentiality provision as
Continue Reading Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality and General Release Clauses Are Taboo!

In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine.  That doctrine allows
Continue Reading FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!

Are two lawsuits better than one?  Not for the employer, I can tell you that.  A very interesting case is working its way through the federal courts now, where the
Continue Reading USDOL Seeks To Kick Out Private Lawsuit Asserting It Can Do Better For Employees: Can It?

There have been many cases brought recently focusing on the compensability of security checks and in these days of temperature checking for COVID, we expect to see many more.  Some
Continue Reading Federal Court Holds That New Jersey Wage Hour Law Is More Favorable to Employees on Security Check Compensability Than the FLSA

The USDOL has been issuing a slew of Opinion Letters of late, under the stewardship of Cheryl M. Stanton, Administrator of the Wage and Hour Division. Many of these deal
Continue Reading USDOL Issues Interesting Opinion Letter on Car Manufacturer Incentive Payments Use in Meeting Minimum Wage Requirements

The last several years have been quite worrisome to me, as a management side practitioner, on the issue of USDOL agency-initiated liquidated damages assessments. It used to be that only
Continue Reading USDOL States It Will No Longer Routinely Seek Liquidated Damages in Administrative Investigations: A Return to Normalcy