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DOL had quashed in favor of issuing broadly applicable “Administrator’s Interpretations,” two of which have now been rescinded by the Trump DOL.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 […]

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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 […]

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DOL Hopes Agreement with Sonic Becomes Fast Food Industry Standard

The  Wage and Hour Division (WHD) of the Department of Labor (DOL) and Sonic Industries Services Inc. – franchisor of the SONIC Drive-In restaurant chain – have signed a voluntary agreement to help SONIC’s independently owned and operated franchise locations comply with federal labor laws. As part of the agreement, the Oklahoma City-based franchisor will provide a […]

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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 […]

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Oklahoma Becomes 35th State to Join DOL in Fighting Misclassification

The Department of Labor (DOL), its Wage and Hour Division (WHD) and the Oklahoma Employment Security Commission have signed a three-year Memorandum of Understanding (MOU) intended to protect employees’ rights and level the playing field for employers by preventing worker misclassification as independent contractors or other non-employee statuses. The agencies will jointly provide clear, accurate […]

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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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Virginia Becomes 31st State to Join DOL in Combatting Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) and the Virginia Employment Commission have signed a three-year Memorandum of Understanding (MOU) intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. The two agencies announced they will provide clear, accurate and easy-to-access outreach to employers, employees […]

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DOL, South Dakota Join Forces to Fight Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) and the South Dakota Department of Labor and Regulation have signed a three-year Memorandum of Understanding (MOU) intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee status. The two agencies will provide clear, accurate, and easy-to-access outreach […]

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DOL Launches West Coast Restaurant Sweep to Enforce Wage and Hour Laws

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has launched an education and enforcement initiative on the West Coast and in surrounding areas aimed at ensuring workers at fast food establishments are being paid the proper minimum wage and overtime. Investigations completed in the last five quarters nationwide have resulted in […]

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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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