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Wage & Hour - Developments & Highlights

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USDOL Voluntary Compliance/Self-Audit Program Leaves Uncertainty

By Mark Tabakman on March 19, 2018

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…
Continue Reading USDOL Voluntary Compliance/Self-Audit Program Leaves Uncertainty

Posted in Federal Wage & Hour Laws and Policy

Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours

By Mark Tabakman on January 5, 2018

I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time…
Continue Reading Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours

Posted in Exemptions, Overtime Issues, Working Time

Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions

By Mark Tabakman on October 20, 2017

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.”…
Continue Reading Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions

Posted in Exemptions, Overtime Issues

How To (Start To) Prepare For the New FLSA Exemption Guidelines

By Mark Tabakman on June 10, 2016

With the advent of the USDOL’s newly proposed classification rules, implementing the new salary threshold to $913 per week, employer groups and counsel have been straining to determine the best…
Continue Reading How To (Start To) Prepare For the New FLSA Exemption Guidelines

Posted in Exemptions, Overtime Issues

Miami Vice: Numerous FLSA Actions Are Filed In Florida

By Mark Tabakman on April 14, 2016

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…
Continue Reading Miami Vice: Numerous FLSA Actions Are Filed In Florida

Posted in Class Actions

When Is It Time For A Wage Hour Audit? Answer—Now!

By Mark Tabakman on August 15, 2014

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…
Continue Reading When Is It Time For A Wage Hour Audit? Answer—Now!

Posted in Articles, Class Actions, Independent Contractor, Overtime Issues

DOL Audits Will Rise With New Funding Increases

By Mark Tabakman on April 30, 2013

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)…

Continue Reading DOL Audits Will Rise With New Funding Increases

Posted in Exemptions, Independent Contractor

Sub-Minimum Wage Issues For Community Rehabilitation Programs (CRP)

By Mark Tabakman on September 27, 2012

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…
Continue Reading Sub-Minimum Wage Issues For Community Rehabilitation Programs (CRP)

Posted in Working Time

Report Concludes FLSA Lawsuits Continue To Be The Rage. Really?

By Mark Tabakman on July 26, 2012

I just read of a report that notes that a record number of FLSA wage-hour lawsuits were filed in 2012  The report notes that more than seven-thousand FLSA cases were…
Continue Reading Report Concludes FLSA Lawsuits Continue To Be The Rage. Really?

Posted in Class Actions, Exemptions, Working Time

Webinair on FLSA Exemptions and Conducting Internal Audits

By Mark Tabakman on October 10, 2011

I am pleased to announce that I will be speaking in an upcoming Strafford live phone/web seminar entitled "DOL’s Latest Wage and Hour Enforcement Priorities" scheduled for Wednesday…

Continue Reading Webinair on FLSA Exemptions and Conducting Internal Audits

Posted in Exemptions, Working Time

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