Self-Audit

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The U.S. Department of Labor has announced a new self-audit program that allows employers to avoid litigation by “turning themselves in.” This is drawing some praise but there are a number of issues that remain unaddressed, much less answered.  This new program, dubbed the Payroll Audit Independent Determination (“PAID”) program allows employers to pay back…

In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they say, the violations are “always” willful. The violations rarely, in fact, are. Now, the Third…

Although there are FLSA actions brought all over the country, the statistics show that the Southern District of Florida is the (dubious) leader in such suits.  Commentators attribute this disproportionate number to the “pervasive” existence of unsophisticated small businesses employing immigrant workers and, importantly, a skilled and aggressive plaintiffs’ bar that are knowledgeable in FLSA…

Better safe than sorry is the old adage.  Nowhere is this maxim more applicable than for an employer’s compensation practices, especially on issues of classification, working time, and record keeping protocols and obligations.

In the last several years, there has been an escalation of wage hour lawsuits, single and class action.  These cases can be…

I have often posted on the recently found aggressiveness of the Departments of Labor, on both the federal and state levels, to step up enforcement of (alleged) wage-hour (i.e. overtime) violations and independent contractor audits (i.e. 1099/consultant).  More fuel has just been thrown onto this already raging fire as the federal DOL has now requested…

I attended an interesting seminar today, given by a United States DOL official.  The program focused on the application of the Fair Labor Standards Act to entities and organizations that work with disabled individuals, to mainstream them if possible and, also, to provide some income for them for the tasks that are assigned to them. …