WHD Administrator Issues Joint Employer Interpretation

Wage and Hour Division (WHD) Administrator David Weil yesterday issued guidance on joint employers that will allow more employees to fall under the protections of the Fair Labor Standards Act (FLSA), advising: “When two or more employers jointly employ an employee, the employee’s hours worked for all of the joint employers during the workweek are aggregated and […]

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DOL Releases Guidance on State-Run IRA-Like Retirement Plans

Nearly 70 million workers lack access to an employer-sponsored retirement plan. Many states are seeking ways to expand savings options for these workers. It is against this backdrop that the Department of Labor (DOL) has published a notice of proposed rulemaking and an interpretive bulletin meant to guide states as they create programs that help […]

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Death Knell for Uber Next June?

A federal judge in California has set June 20, 2016, as the date to hear a class-action lawsuit challenging ride-sharing service Uber and its driver classification as independent contractors. The lawsuit seeks full employee status with wages, overtime and other labor law rights for Uber drivers who haven’t signed a waiver. The case, O’Connor v. Uber, […]

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NCAA Wins and Loses on Pay for College Athletes

As a result of a lawsuit brought by former UCLA basketball star Ed O’Bannon, college athletes will now enjoy expanded coverage of expenses, but not the $5,000 payment for use of their images that U.S. District Judge Claudia Wilken ordered in 2014. That’s the ruling by the 9th U.S. Circuit Court of Appeals this week in […]

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California Protects NFL Cheerleaders’ Wage and Overtime Rights

The San Diego Chargers of the National Football League (NFL) reportedly pay their cheerleaders $75 per game and nothing for rehearsal time, but that will stop in January when a new California law will force teams to adhere to state and federal labor laws regarding minimum wage and overtime. Already, four teams have lost court […]

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DOL Delays Enforcement of Home Care Worker Wage and Overtime Rule

The Department of Labor (DOL) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to home care workers employed by third-party providers, had an effective date of Jan. 1, 2015. The department has not begun enforcement of the Final Rule both because of its previously announced time-limited non-enforcement policy and because it […]

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Silicon Valley Collusion Results in $415 Million Settlement

Led by the late Steve Jobs, several Silicon Valley high-tech firms, including Apple and Google, conspired to prevent their employees from jumping to another company for higher wages. Employees filed a class action lawsuit in 2011, and yesterday were rewarded with a $415 million settlement, about $5,800 per worker. That’s far less than the $3 […]

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DOL Ratchets Up Campaign Against Independent Contractor Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today issued another broadside against employer misuse of the independent contractor job status to avoid the responsibilities of labeling and treating a worker as an employee. WHD administrator David Weil issued an interpretation titled “The Application of the Fair Labor Standards Act’s ‘Suffer or […]

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Obama Overtime Rule Published, Public Comments Close on Sept. 4

The Department of Labor (DOL) and its Wage and Hour Division (WHD) today published their proposed new overtime rules in the Federal Register, opening a public commentary period that will close 60 days after publication, on Sept. 4. As announced last week by President Obama, the rule would set the threshold for exempt employee status at a salary of […]

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A Tale of Two Lawsuits

Former UPS driver Kathy Young, who accused that firm of pregnancy discrimination, will have her day in court again, but Ellen Pao, who accused her firm of gender discrimination and retaliation, is walking away empty-handed. Earlier this week, the Supreme Court ruled that Ms. Young’s lawsuit against UPS for refusing to grant her light duty while […]

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