Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings.
In a field assistance
Continue Reading United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearingsOn Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an
Continue Reading United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases
The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care
Continue Reading Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit
I have commented, as many others, that the Biden USDOL will be far more employee friendly and protective of employee rights. More proof has arrived. The President has nominated David
Continue Reading David Weil To Head Up Wage Hour Division At USDOL: An Indicator Of Things to Come.
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 been praising the Opinion Letters which have, of late, been issuing from the US Department of Labor because, candidly, they are displaying a business friendly attitude, or should
Continue Reading Choice of Marty Walsh As Secretary of Labor Signals Huge Pendulum Swing
There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of
Continue Reading USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists
I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry. The employer seeking the advice posed three scenarios and
Continue Reading USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II
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?
The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front
Continue Reading New USDOL Independent Contractor Rule Helps Putative Employers