In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those expected changes: “Compliance with the New DOL Overtime Exemption Rule May Create Unexpected Challenges for Employers
Take 5 Views You Can Use: Wage and Hour Update
By: Kara M. Maciel
The following is a selection from the Firm’s October Take 5 Views You Can Use which discusses recent developments in wage hour law.
- IRS Will Begin Taxing a Restaurant’s Automatic Gratuities as Service Charges
Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers…
Are Mortgage Loan Officers Exempt or Non-Exempt? That’s an Excellent Question.
On July 2, 2013, in Mortgage Bankers Ass’n v. DOL, the U.S. Court of Appeals for the District of Columbia vacated a DOL Administrative Interpretation issued in 2010 which declared that Mortgage Loan Officers are not exempt from the FLSA overtime requirements.
Does this mean that employers can now covert…
Wage & Hour FAQ #2: What to Do When a Wage Hour Investigation Team Arrives to Start Auditing
By Douglas Weiner
Last month, we released our Wage and Hour Division Investigation Checklist for employers and have received terrific feedback with additional questions. Following up on your questions, we will be regularly posting FAQs as a regular feature of our Wage & Hour Defense Blog.
In this post, we address an increasingly common issue…
Wage & Hour FAQ #1: How to Prepare for a Wage Hour Inspection
By: Kara M. Maciel
Earlier this month, we released our Wage and Hour Division Investigation Checklist for employers and have received a lot of great feedback with additional questions. Following up on that feedback, we will be regularly posting FAQs as a regular feature of our Wage & Hour Defense Blog.
In this post, we address…
Labor Secretary Hilda Solis Resigns: How Will the Enforcement Policy of the Wage and Hour Division Change?
By Douglas Weiner and Kara Maciel
“There’s a new sheriff in town.” With those words in 2009, Secretary Hilda Solis initiated a policy at the Department of Labor that emphasized increased investigations and prosecutions of violators rather than the prior administration’s emphasis on providing compliance assistance.
Her departure – announced yesterday – is unlikely, however,…
EBG Complimentary Webinar: Don’t Be a Target of the Wage and Hour Class Action Epidemic: Tips for Avoiding Exposure
Wage and hour investigations and class action lawsuits continue to be a potentially serious problem for many employers, resulting in an abundance of new cases filed and many large settlements procured. In addition, in September 2011, under the guidance of the Obama Administration, the Department of Labor and IRS announced an effort to coordinate with…
An Overview of Wage Hour Laws and Litigation: Avoiding the Pitfalls of Back Wage Claims
Wage Hour laws and regulations are complex, non-intuitive, and constantly changing. Mistakes in wage and salary administration have led to class actions resulting in six and seven figure recoveries against the most sophisticated employers – banks and major industrial giants as well as smaller employers without in-house legal and high level Human Resources officials. Peter M.
The (Sort Of) Hired Help: Wage and Hour Implications of Hiring Unpaid Interns
By Amy Traub and Desiree Busching
On February 1, 2012, a former intern of the Hearst Corporations’ Harper’s Bazaar filed a class action lawsuit on behalf of herself and others similarly situated. The lawsuit alleges that the company violated the Fair Labor Standards Act (“FLSA”) and applicable state laws by failing to pay minimum wage and overtime…
The Administrative Exemption from Overtime Pay Continues to Plague Employers: Is There a Cure?
By John F. Fullerton, III, Douglas Weiner, and Meg Thering
The plague of lawsuits for unpaid overtime compensation by employees who claim that they were misclassified by their current or former employer as “exempt” from overtime under the “administrative” exemption of the Fair Labor Standards Act shows no signs of receding. These lawsuits continue to…