Subway Teams with WHD to Monitor Wage and Hour Issues

Subway, a DBA of Doctor’s Associates Inc., has reached an agreement dated Aug. 1 with the Wage and Hour Division (WHD) of the Department of Labor (DOL) to “ensure a fair day’s pay for a fair day’s work” at its U.S. franchises. The agreement notes that Subway has partnered with WHD since 2012 to educate […]

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MLB Minor Leaguers Strike Out on Minimum Wage Lawsuit

A federal judge has decertified the collective of former minor league players suing Major League Baseball (MLB) over minimum wage claims, and he has also denied their certification as a class action. Lawyers representing the former minor leaguers vowed to appeal. U.S. Magistrate Joseph Spero of the Northern District of California made the ruling July […]

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‘Black Swan’ Unpaid Interns Case Drawing to a Close, or Not?

The Department of Labor (DOL) has long been cracking down on the use of unpaid interns to do the work of employees, and the most famous case alleging such abuse — the interns on the movie “Black Swan” who filed a lawsuit for back pay — may be drawing to a close. Or maybe not. […]

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DOL Sends New Overtime Rule to OMB for Final Review

The Department of Labor (DOL) on Monday forwarded its revised overtime rule to the Office of Management and Budget (OMB) for final review, setting the stage for publication by July. The OMB has a 90-day window to review the final version of the rewrite of overtime rules that will make eligible some 5 million more […]

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DOL Affirms July 2016 as White Collar Overtime Rule Publishing Date

Squashing rumors that it intended to rush the white collar overtime rule out by May to avoid having it overturned should a Republican become president in 2017, the Department of Labor (DOL) has affirmed that it is sticking with its announced July publication date. Speaking at an American Bar Association (ABA) meeting this week,  Solicitor […]

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Federal Judge Dismisses College-Athletes-Are-Employees Claim

A federal judge in Indianapolis this week threw out a lawsuit by student athletes against more than 100 Division I colleges and universities, alleging they were employees under the Fair Labor Standards Act (FLSA) deserving of being paid the minimum wage. U.S. District Court Judge William T. Lawrence ruled against the athletes, writing: “The question is not […]

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FLSA Lawsuits Break Record in 2015

According to the Federal Judicial Center, lawsuits arising from violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) totaled 8,781 in the fiscal year ending this past Sept. 30. That was up from 8,160 in FY 2014, a 7.6 percent increase. Legal observers expect the total to keep rising this […]

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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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MLB Lawsuit Attracts 500 Minor League Signatories

Since winning class action certification in October, the lawsuit against Major League Baseball (MLB) over wage-and-hour issues for its minor leaguers has seen some 500 current and former players add their names, including a couple already in the big leagues. “We’re very happy with it,” said Garrett Broshuis, the lawyer handling the case, a former minor-league […]

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WHD Now Demanding Liquidated Damages in Wage-and-Hour Settlements

The Wage and Hour Division (WHD), the wing of the Department of Labor (DOL) that enforces the Fair Labor Standards Act (FLSA), not only has beefed up its membership and its enforcement activities, but is now also demanding liquidated (doubled) damages in its settlements with employers over back wages. The FLSA has always provided for […]

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