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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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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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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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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Gordon Ramsay’s Personal Kitchen Nightmares Courtesy of the FLSA

Gordon Ramsay, star chef and TV host of "Kitchen Nightmares," "Masterchef" and other shows, has been hit with a class-action lawsuit for alleged wage-and-hour and break-period violations at his Fat Cow restaurant in Los Angeles, RadarOnline reports. The legal action was filed on Thursday, June 13, according to Radar. “During the Class Period, Defendants have: (1) […]

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DOL Now Targeting ‘Systemic’ Wage-and-Hour Violations

The Department of Labor (DOL) is now enjoying a 71-percent success rate in ferreting out wage-and-hour violators by targeting industry- and geography-based culprits rather than waiting for complaints from employees at individual sites. The DOL is calling its new approach "directed investigations," which it instituted in 2012 after observing an "epidemic" of minimum-wage and overtime […]

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Wage-and-Hour Lawsuits Spike 10 Percent Over Previous Year

According to the Federal Judicial Center, which tracks lawsuit statistics at the federal level, employees filed 7,764 federal wage-and-hour lawsuits between April 1, 2012, and March 31, 2013, a 10 percent jump over the previous year. In contrast, such lawsuits rose only 1 percent year to year in the 2012 reporting period. Wage-and-hour lawsuits arise […]

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Average for Settling a Wage-and-Hour Lawsuit: $5.8 Million

Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits. The firm warns that exempt/nonexempt misclassification cases will continue to be particularly troublesome because of […]

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Wage and Hour Settlements Up in 2012

According to statistics compiled by National Economic Research Associates, employers across the U.S. paid 18 percent more in wage and hour settlements in 2012 than the year before. In all, employers forked over some $467 million in settlements this past year, bringing the total over the past six years to almost $2.7 billion. Arising under […]

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Supreme Court to Hear Donning and Doffing Case

The Supreme Court has opted to consider an appeal of a 7th Circuit Court decision that donning and doffing personal protective equipment (PPE) is not a "principal activity" that triggers the start of the workday, and time so spent thus does not have to be compensated. The case, Sandifer, et al. v. U.S. Steel Corp., […]

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