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 […]

Read the rest of this entry »
GoTo top Top

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 […]

Read the rest of this entry »
GoTo top Top

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 […]

Read the rest of this entry »
GoTo top Top

Unanimous Supreme Court Rules in Favor of DOL Interpretive Rule

The Supreme Court has ruled that federal agencies may issue initial and amended interpretive rules without advance notice and without soliciting commentary from interested parties. The case was Perez v. Mortgage Bankers Association (MBA). Thomas Perez is secretary of the Department of Labor (DOL), and at issue was his agency’s abrupt switch from previous interpretations […]

Read the rest of this entry »
GoTo top Top

Fired Workers Sue Both the Franchisee and McDonald’s Corp. for Discrimination

A group of 10 terminated McDonald’s employees in Virginia — one Hispanic and nine African-American — are suing both the local franchisee and the behemoth mother corporation for discrimination, claiming they were let go because they “didn’t fit the profile” for employees at their restaurants. The legal action filed in the U.S. District Court for […]

Read the rest of this entry »
GoTo top Top

DOL Delays Action on ‘White Collar’ Overtime Exemption Rule

Along with the home care worker rule, the Department of Labor (DOL) has confirmed that work on a rule redefining the exemptions from overtime pay for professional, executive, administrative, outside sales and computer employees has been delayed until next year. The department’s Semiannual Regulatory Agenda had targeted November 2014 as the goal for the redefinition, […]

Read the rest of this entry »
GoTo top Top

Raiders: Commitment to Back Pay

The Oakland Raiders have entered into a $1.25 million settlement, yet to be court approved, with their Raiderettes — sideline cheerleaders — over back pay. The cheerleaders filed a class action lawsuit in 2013, alleging the football team had failed to pay minimum wage and overtime as provided for under California labor law. That same year, the […]

Read the rest of this entry »
GoTo top Top

Elon Musk’s SpaceX Sued Under WARN Act for No-Advance-Notice Layoffs

Laid-off employees at the Space Exploration Technologies Corp. (SpaceX) in Hawthorne, Calif., are taking the Elon Musk-owned company to court over some 200-400 layoffs conducted on or about July 21. The vehicle for the lawsuit is the Worker Adjustment and Retraining Notification (WARN) Act, which mandates that companies with 100 or more employees within a […]

Read the rest of this entry »
GoTo top Top

Judge Rules College Athletes Own Rights to Their Names and Images

In a case brought to trial against the NCAA (National Collegiate Athletic Association) by former UCLA basketball star Ed O'Bannon, a federal judge has ruled that Division 1 football and basketball players, who were included in the lawsuit, own the rights to their names, images and likenesses. Thus the NCAA and its constituent schools can […]

Read the rest of this entry »
GoTo top Top

LinkedIn Hit with $6M in Unpaid Wages and Liquidated Damages

LinkedIn Corp. has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in liquidated damages to 359 former and current employees working at company branches in California, Illinois, Nebraska and New York. An investigation by the Department of Labor’s Wage and Hour Division found that LinkedIn was in violation of the overtime and record-keeping […]

Read the rest of this entry »
GoTo top Top