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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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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DOL Delays Enforcement of Home Care Worker Wage and Overtime Rule

The Department of Labor (DOL) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to home care workers employed by third-party providers, had an effective date of Jan. 1, 2015. The department has not begun enforcement of the Final Rule both because of its previously announced time-limited non-enforcement policy and because it […]

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Public Commentary on Overtime Rule Ends Tomorrow. Period.

According to David Weil, administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL), the public commentary period on the agency’s proposed overtime exemption rule will not be extended and will close tomorrow, Sept. 4. In a letter to Congress, Weil noted that “a comment period of this length . . […]

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DOL Ratchets Up Campaign Against Independent Contractor Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today issued another broadside against employer misuse of the independent contractor job status to avoid the responsibilities of labeling and treating a worker as an employee. WHD administrator David Weil issued an interpretation titled “The Application of the Fair Labor Standards Act’s ‘Suffer or […]

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DOL’s Perez: We Have 1,000 Wage and Hour Cops on the Beat

Speaking Dec. 4 at the Center for American Progress in Washington, D.C., Secretary Tom Perez told attendees that the Department of Labor (DOL) now has 1,000 Wage and Hour (WHD) investigators aggressively enforcing the nation’s pay, overtime and worker classification laws. That figure is up from the 730 investigators the Obama administration inherited. The DOL […]

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Harvest Time Sees WHD Investigators Rooting Out Violations

The fall harvest season has always been a time for celebration when communities across the country honor the fruits of farm labor. While we enjoy things like fresh cider and pumpkin pie, it’s important to remember that all of that is made possible thanks to agricultural workers who labor through long and often hot days […]

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WHD Finally Releases Enforcement Statistics

Once the Obama administration took office in 2009, the Department of Labor (DOL) quietly abandoned the practice of releasing yearly enforcement statistics, but its Wage and Hour Division (WHD) finally righted the ship recently when it released data for fiscal years 2009 to 2013. The results show a general uptick from the Bush years  in […]

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