Wage-and-Hour Lawsuits Continue Their Rise

Wage-and-hour lawsuits rose 5 percent year over year during the 12-month period ending March 31, tapping out at 8,126 cases filed. This is the seventh straight yearly rise, with the increase from the year 2000 standing at 438 percent, according to data from the Federal Judicial Review Center. Fair Labor Standards Act (FLSA) lawsuits generally […]

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Federal Agencies Issue Regulatory Agendas

Quietly just before the Thanksgiving holiday, federal agencies released their upcoming regulatory agendas as required by law. Among the highlights: The Department of Labor (DOL) has issued or will issue in the next few months 24 regulations that will help implement its Plan/Prevent/Protect program, which shifts "the burden of ensuring compliance from the Department – […]

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Workplace Injuries Inch Downward, But Remain Above 3 Million Annually

This month the Bureau of Labor Statistics (BLS) revealed that both work-related injuries and illnesses and work-related fatalities continued a downward trend in 2012, though the aggregate number of incidents remains stuck above 3 million per annum. The overall incidence rate was 3.4 cases per 100 full-time workers or their equivalents in 2012. On the […]

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SNAP, One of Last Great Recession Programs, Ends

A temporary increase in the federal food stamp program, introduced in 2009 as part of the American Reinvestment and Recovery Act (ARRA), came to an end today as Congress failed to renew the Supplemental Nutrition and Assistance Program (SNAP). The end of the increase cuts $5 billion, or about 6 percent, from the annual $75 […]

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Court Refers Mortgage Loan Officer Overtime Status Back to DOL

The D.C. Circuit Court of Appeals has sided procedurally with the Mortgage Bankers Association in a case involving the reclassification by the Department of Labor (DOL) of mortgage loan officers as nonexempt employees who are eligible for overtime pay. Background: A 2006 opinion letter by the DOL awarded exempt status to mortgage loan officers, meaning […]

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NLRB to Construe Each Shutdown Day as a Legal Holiday for Filing Purposes

The National Labor Relations Board (NLRB), following procedural rules it set up to be used in the event of a shutdown, is counting each day the board is closed because of the Congressional funding stalemate to be a legal holiday. Thus the deadline for filings and serving documents will be extended for each day of […]

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S.F. Giants Strike Out on Steady Stream of FLSA Fastballs

The Department of Labor (DOL) came out with a blazing arsenal of labor law fastballs against the San Francisco Giants baseball franchise and came away with a winner's share of more than half a million bucks for aggrieved clubhouse employees. After a DOL investigation, the San Francisco Giants baseball team agreed to pay $544,715 in back […]

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ADA Celebrates 23rd Anniversary Today

The Americans with Disabilities Act (ADA) became law on July 26, 1990, 23 years ago today, as then-President George H.W. Bush signed the legislation into law. The ADA contains five sections, or what are called "titles" in government-ese, to wit: Title I Employment, Title II State and Local Government, Title III Public Accommodations, Title IV […]

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Nation Celebrates 75th Anniversary of the FLSA

On this day 75 years ago, President Franklin D. Roosevelt signed into law the landmark Wagner Act, which has survived the ages as the Fair Labor Standards Act (FLSA). To this day, the FLSA regulates the minimum wage, overtime page, child labor and many other wage-and-hour issues that, prior to the 1938 statute's enactment, were […]

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SCOTUS Makes Discrimination, Retaliation Lawsuits a Bit Tougher

On Monday, the Supreme Court issued two rulings that led Associate Justice Ruth Bader Ginsburg to beg Congress to overturn with written legislation. In one case, a 5-4 decision ruled that retaliation claims must be won on a "but-for" basis, and in another case, the same 5-4 majority established that discrimination must originate from a […]

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