by Girish Anand | Aug 16, 2012 | DOL, Federal Labor Law, FLSA, Minimum Wage Law
Speaking before the American Bar Association (ABA) at its annual conference this month, Solicitor M. Patricia Smith of the Department of Labor (DOL) said that investigations of employment arrangements that incorrectly classify people as independent contractors, or...
by Girish Anand | Aug 15, 2012 | DOL, FLSA, FMLA, WHD
The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be...
by Girish Anand | Apr 11, 2011 | DOL
In March 2010 the Department of Labor (DOL) issued an Administrator's Interpretation (AI) declaring that mortgage loan officers are hourly workers subject to overtime pay and not exempt employees on a salary or commission schedule. Just this past month, however, a...
by Girish Anand | May 3, 2010 | Federal Labor Law
The Department of Labor (DOL), in issuing an updated regulatory agenda this past week, announced it was considering a major change in its approach to enforcement. Instead of letting businesses play what it called a "catch me if you can" game, the DOL said it...
by Girish Anand | Mar 25, 2010 | Federal Labor Law, Minimum Wage Law
The U.S. Department of Labor (DOL), operating on information from its Albany field office, has targeted the health care industry in New York state for investigation into the misclassification of workers and subsequent under-payment of overtime wages. Underlying this...