DOL Launches Voluntary FLSA Violations Reconciliation System

The Wage and Hour Division (WHD) of the Department of Labor (DOL)  has announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program’s primary objectives are to resolve such claims expeditiously and without […]

Read the rest of this entry »
GoTo top Top

DOL Revives Practice of Issuing FLSA Opinion Letters

In early January, the Department of Labor (DOL) reissued 17 opinion letters that the Obama DOL had quashed in favor of issuing broadly applicable “Administrator’s Interpretations,” two of which have now been rescinded by the Trump DOL. The 17 opinion letters regarding wage and hour issues were promulgated in the late days of the Bush […]

Read the rest of this entry »
GoTo top Top

DOL Rewrites Another Obama-Era Rule, This One for Interns

During the Obama presidency, the Department of Labor (DOL) devised a six-part test to determine whether an intern is really just that or more like an employee-in-disguise working for free. Part of that test required that the employer receive “no immediate advantage from the activities of the intern,” a rule that several appellate courts found […]

Read the rest of this entry »
GoTo top Top

DOL Seeks Comments on Revising Its Tip Pool Regulations

The Department of Labor (DOL) is proposing to revise the agency’s 2011 tip pool regulations to allow the sharing of tips with back-of-the-house employees provided everyone is paid the minimum wage. It has published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, in which it states the agency is  “proposing to rescind the parts […]

Read the rest of this entry »
GoTo top Top

Disney to Pay Costume Characters $3.8 Million in Back Wages

Walt Disney World in Florida has been hit with wage theft and other allegations and has agreed to pay $3.8 million in back wages to 16,339 of its costume characters, such as Mickey, Goofy and the like. This comes after the Department of Labor (DOL) found that Disney was deducting the cost of the costumes […]

Read the rest of this entry »
GoTo top Top

7th Circuit Court Denies College Athletes Status as Employees

The U.S. 7th Circuit Court of Appeals has affirmed a district court’s ruling that denied employee status under the Fair Labor Standards Act (FLSA) to student athletes at the University of Pennsylvania, who had filed suit to establish an employer-employee relationship. In so ruling, the appellate court endorsed the U.S. Supreme Court’s statement in NCAA v. Board […]

Read the rest of this entry »
GoTo top Top

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 […]

Read the rest of this entry »
GoTo top Top

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 […]

Read the rest of this entry »
GoTo top Top

‘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. […]

Read the rest of this entry »
GoTo top Top

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 […]

Read the rest of this entry »
GoTo top Top