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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Surprise DOL Visits on the Uptick

According to a former Bush administration official (now a Washington, D.C. lawyer who follows enforcement trends), the Department of Labor (DOL) is conducting more surprise wage-and-hour investigations than at any time in the recent past. Afred J. Robinson Jr., who was acting administrator for the DOL's Wage and Hour Division (WHD) under George W. Bush, […]

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Wage and Hour Lawsuits on the Rise

The nation is witnessing a record number of wage and hour lawsuits, often federal but also hybrid (different states at the same) court cases. In the period that just ended on March 31, a total of 7,064 lawsuits under the Fair Labor Standards Act (FLSA), which regulates wages, hours and overtime, had been filed for […]

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National Restaurant Association Sues DOL Over Tip Pooling Regulation

The National Restaurant Association, joined by several restaurants and trade groups in the 9th Circuit Court of Appeals jurisdiction, has filed suit against the Department of Labor over a regulation that forbids tip-pooling arrangements that include back-of-the-house (kitchen) workers. The 9th Circuit Court in Cumbie v. Woody Woo Inc. in 2010 ruled that restaurants are […]

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