Tag Archives: Department of Labor
M.D.Ga.: DOL Properly Invoked the “Government Informer Privilege” Where Defendants Sought Identities of Witnesses Who Cooperated in Pre-Suit DOL Investigation
Solis v. New China Buffet No. 8, Inc. This case was before the court on defendants’ motion to compel the DOL (“DOL” or “Plaintiff”) to provide complete answers to discovery requests. Specifically, Defendants sought information relating to the DOL’s investigation … Continue reading
Filed under Department of Labor, Discovery
DOL Debars Seattle-Based Federal Contractor for Violating Minimum Wage, Overtime and Record-Keeping Laws
The U.S. Department of Labor has debarred HWA Inc., President John Wood and Vice President Barbara Wood from future government contracts for three years, due to significant and repeated violations of the McNamara-O’Hara Service Contract Act and the Contract Work … Continue reading
Filed under Department of Labor, Wage and Hour News, Wage Theft
DOL Publishes New FLSA Rules, Rejecting Pro-Employer Changes to Fluctuating Workweek and Comp Time, Clarifying Tip Credit Rules
On April 5, the Department of Labor (DOL) published its updates to its interpretative regulations regarding the Fair Labor Standards Act (FLSA) in the Federal Register. to go into effect 30 days later. The Updating Regulations, revise out of date … Continue reading
Filed under CompTime, Department of Labor, Fluctuating Workweek, Tips
DOL Issues Proposed Rulemaking Revising Wage Calculations For H-2B Workers
According to a DOL press release just issued: A proposed rule that seeks to improve the H-2B temporary nonagricultural worker program and better protect American workers has just been promulgated. “The proposed rule, to be published in the Federal Register tomorrow, addresses … Continue reading
Filed under Department of Labor, H-2B Visa - Guest Workers
203(o) Does Not Extend To PPE Worn By Employees That Is Required By Law, The Employer Or Due To The Nature Of The Job; Changing Clothes May Be Principal Activity, Starting Continuous Workday, Says DOL
Administrator’s Interpretation No. 2010-2 Today, the DOL issued its second Administrative Interpretation of 2010. The subject of this interpretation was the oft-litigated issue of the definition of “clothes” under 29 U.S.C. 203(0), which has been the subject of countless so-called … Continue reading
Filed under Department of Labor, Donning and Doffing
Mortgage Loan Officers Do Not Typically Qualify For The Administrative Exemption, Says DOL
Administrator’s Interpretation No. 2010-1 The Wage and Hour Division, under the current Administration, has issued its first Administrative Interpretation Letter. The introductory text of the Letter is below: “Based on the Wage and Hour Division’s significant enforcement experience in the … Continue reading
Filed under Department of Labor, Exemptions, Wage and Hour News
11th Cir.: Receipt And Signing WH-58 Form And Cashing Of The Employer’s Check Is Sufficient To Effect A Waiver Of Right To Sue Under FLSA
Blackwell v. United Drywall Supply Plaintiffs were employed by Defendants. In September 2007, they sued Defendants pursuant to the Fair Labor Standards Act (FLSA). Plaintiffs alleged that, from 2002 forward, Defendants intentionally violated the Act by failing to pay them … Continue reading
Filed under Affirmative Defenses, Department of Labor, Settlements
Tyson Foods Found In Violation Of Fair Labor Standards Act In Donning And Doffing Suit, Reuters Reports
Reuters is reporting that “Tyson Foods Inc., one of the nation’s largest poultry producers, has been found in violation of the Fair Labor Standards Act (FLSA) at its Blountsville, Ala., facility. The jury’s verdict in federal court in Birmingham resulted … Continue reading
Filed under Donning and Doffing, Wage and Hour News, Work Time
Las Vegas Review-Journal: 3 Casino Dealers Accuse Wynn Las Vegas Of Illegal Tip Pooling
The Las Vegas Review-Journal is reporting that, “[t]hree Wynn Las Vegas dealers are taking their claims of unfair tip pooling to federal court with a new lawsuit that claims the resort’s tip sharing policy violates federal labor laws. Attorneys for … Continue reading
Filed under Tips
NY Car Wash Chain Settles Unpaid Wages Claims For $3.4 Million
The New York Times is reporting that, “[a] New York carwash chain agreed to pay $3.4 million in back wages and liquidated damages to 1,187 current and former employees to resolve part of a lawsuit brought by the United States … Continue reading
Filed under Settlements
