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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DOL Focuses on Outreach to Employees About Their FMLA Rights

In a dual move in the past few days, the Department of Labor (DOL) has reached out to employees to provide educational resources about their rights under the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for qualified workers facing serious health conditions or needing to care for […]

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DOL to Host FMLA Webinar for Employers, Employees on June 27

The U.S. Department of Labor's Wage and Hour Division (WHD) will host a free webinar on June 27 at 2 p.m. EDT to help workers and employers understand the Family and Medical Leave Act. The department also has prepared a 16-page booklet, available online, that explains the FLMA and answers common questions. "The Family and […]

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DOL Ramps Up Wage and Hour Enforcement

According to recent analyses by national employment law firms, the Department of Labor (DOL) is increasing its enforcement efforts in inspecting for potential violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA). The results indicate that investigators for the DOL’s Wage and Hour Division (WHD) are being instructed to seek […]

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Wal-Mart Agrees to Pay $4.8 Million in Back Wages

Wal-Mart Stores Inc., headquartered in Bentonville, Ark., has agreed to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide following an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) that found violations of the federal Fair Labor Standards Act's overtime provisions. Additionally, Wal-Mart will pay $463,815 in […]

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