Wage and HourBlog Posts
Proposed Head of Wage and Hour Division Resubmitted to CongressAs previously discussed here, President Obama’s choice for administrator of the Department of Labor’s Wage and Hour Division is deputy assistant attorney general and chief of staff of the Justice Department’s Civil Rights Division, Leon Rodriguez. Mr. Rodriguez was nominated on December 12, 2010, but Congress failed to act on his nomination prior to adjournment of … Continue reading Proposed Head of Wage and Hour Division Resubmitted to CongressJanuary 14, 2011 |
The New York State Department of Labor in 2011: New Rules, Stiffer PenaltiesAs reported here and here, the New York Department of Labor will have a full plate in 2011 enforcing both the new Hospitality Industry Wage Order (applicable to industry employers) and the Wage Theft Prevention Act (applicable to all employers in New York). The Hospitality Wage Order modifies many of the rules governing industry employers, and … Continue reading The New York State Department of Labor in 2011: New Rules, Stiffer PenaltiesJanuary 13, 2011 |
Fifth Circuit Holds Insurance Adjuster Is Exempt Administrative EmployeeIn the latest decision addressing the applicability of the FLSA’s administrative exemption to claims-handling employees (such as adjusters), last week the Court of Appeals for the Fifth Circuit, affirmed a District Court’s grant of summary judgment, rejecting the assertion of an American Risk Insurance (“ARI”) adjuster that ARI misclassified him as exempt. Talbert v. Am. Risk … Continue reading Fifth Circuit Holds Insurance Adjuster Is Exempt Administrative EmployeeJanuary 3, 2011 |
Department of Labor Requests Commentary Regarding Implementation of New Lactation Break RequirementVia notice published December 21, 2010, the United States Department of Labor’s Wage & Hour Division (“WHD”) sought commentary from the public regarding WHD’s preliminary interpretations of the new lactation break requirement added to the Fair Labor Standards Act (“FLSA”) on March 23, 2010 as part of the Patient Protection and Affordable Care Act. These preliminary … Continue reading Department of Labor Requests Commentary Regarding Implementation of New Lactation Break RequirementDecember 28, 2010 |
Wage Theft Prevention Act: Expanded CoverageAs previously noted here, New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law to create new recordkeeping obligations for employers, as well as significantly greater damages for violations of the Labor Law than previously were available. An expanded analysis of … Continue reading Wage Theft Prevention Act: Expanded CoverageDecember 23, 2010 |
New York Hospitality Wage Order Goes Final: New Rules Effective 1/1/11Yesterday, the New York State Department of Labor issued the final version of the new Hospitality Industry Wage Order, as previously discussed here and here. The final Wage Order, substantially revises various long-standing New York industry rules, including, the tip credit amount, permissibility of tip pooling, and spread of hours calculations. The Final Wage Order includes only … Continue reading New York Hospitality Wage Order Goes Final: New Rules Effective 1/1/11December 16, 2010 |
New York Enacts State-Wide “Wage Theft” ActOn December 13, New York Governor David Paterson signed into law the “Wage Theft Prevention Act,” a bill which provides new and expanded protections for workers under the New York State Labor Law. Among other provisions, the new law (which takes effect in 120 days) includes the following provisions: · An increase in the liquidated … Continue reading New York Enacts State-Wide “Wage Theft” ActDecember 15, 2010 |
DOL’s Wage and Hour Division Announces Unprecedented Referral SystemThe Wage and Hour Division of the Department of Labor, responsible for enforcing the Fair Labor Standards Act, has announced a new collaboration with the American Bar Association. Under this initiative, FLSA or Family and Medical Leave Act complainants who are informed that the Division is declining to pursue their complaint are provided a toll-free number … Continue reading DOL’s Wage and Hour Division Announces Unprecedented Referral SystemDecember 14, 2010 |
I Can’t Go to Jail For Wage and Hour Violations – Or Can I? (Part 2)As discussed here, a New York appellate court recently upheld the conviction of a corporate officer who oversaw a policy of providing “loans” to employees in lieu of wages. Now, another intermediate New York court has followed suit, affirming the conviction, upon a guilty plea, of Spiridon Anthoulis for “grand larceny in the third degree and … Continue reading I Can’t Go to Jail For Wage and Hour Violations – Or Can I? (Part 2)November 17, 2010 |
New York’s Highest Court Limits Scope of Prevailing Wage StatuteIn addition to the FLSA and New York Department of Labor’s (NYSDOL) Wage Orders, both of which contain minimum wage and overtime requirements, pursuant to Article 8 of the New York Labor Law, employers in New York may be required to pay “prevailing wage” to workers employed on public works projects, (There is a separate … Continue reading New York’s Highest Court Limits Scope of Prevailing Wage StatuteNovember 16, 2010 |