Wage and Hour Division Partners with Subway Restaurants

The U.S. Department of Labor’s Wage and Hour Division (WHD) and the franchisor of the world’s largest restaurant chain are collaborating to increase compliance with federal labor laws at SUBWAY locations nationwide. Although these restaurants are independently owned and operated, the franchisor is providing a forum and resources to assist the division in educating franchisees, […]

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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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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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DOL Again Targeting Southern California Restaurants

The U.S. Department of Labor (DOL) has already recovered some $2.5 million from Los Angeles-area restaurants in back wages, generally unpaid overtime, but recently announced that it was commencing another round of overtime and misclassification audits in the area. In a newsletter article, the Wage and Hour Division (WHD) of the DOL announced recently that […]

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California Partners with the DOL to Combat Worker Misclassification

California this month became the 12th state to enter into a memorandum of understanding (MOU) with the Department of Labor (DOL) to fight the widespread employer practice of misclassifying workers as independent contractors. "This memorandum of understanding helps us send a message: We are standing together with the state of California to end the practice […]

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WHD to Do Survey in Conjunction with Employee Right to Know Rule

The Wage and Hour Division (WHD) of the Department of Labor (DOL) is in preliminary stages of conducting a workplace employee survey to gauge employer classification of employees as well as employees' knowledge of their rights under the Fair Labor Standards Act (FLSA).  According to a notice published in today's Federal Register, the survey is […]

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DOL Targeting L.A., San Francisco Restaurants for FLSA Violations

The Wage and Hour Division (WHD) of the Department of Labor (DOL) is conducting a sweep of Los Angeles and San Francisco restaurants after investigations along the West Coast found 71 percent of all restaurants were in violation of the Fair Labor Standards Act (FLSA). Common violations in the restaurant industry include not paying employees […]

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Recent FLSA Overtime Settlement Outside of Court Definitely Not the Norm

The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States  that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be bargained or negotiated outside of court except by the DOL. Such "substantive rights" […]

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FLSA Lawsuits Reach Record Level

According to just-released statistics, the number of wage-and-hour lawsuits based on the Fair Labor Standards Act (FLSA) reached record heights in the year ending March 31, 2012, with a total of 7,064 filed, up from 7,006 in the same reporting period a year earlier. The statistics were compiled from court data maintained by the Federal […]

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