Posts tagged 'FLSA'

May 3, 2010
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DOL Mulls New Approach to Compliance

The Department of Labor (DOL), in issuing an updated regulatory agenda this past week, announced it was considering a major change in its approach to enforcement. Instead of letting businesses play what it called a "catch me if you can" game, the DOL said it will issue regulations requiring each company to develop and implement its own compliance plan. In essence, this would require c...
April 16, 2010
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California Adopts Federal Standard on Unpaid Interns

The California Division of Labor Standards Enforcement (DLSE) had long made life complicated for employers in the state who wanted to bring on board unpaid interns, adding an extra five criteria to those spelled out in the Fair Labor Standards Act (FLSA). But all that has changed now that the U.S. Department of Labor (DOL) has launched a crackdown on using unpaid interns as unpaid employees. Th...
April 8, 2010
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The “Billion-Year Contract” Case Explained

A federal judge has dismissed claims against the Church of Scientology by a (former?) member who alleges she was forced to work 100-hour weeks for no pay under a billion-year contract for the religion's elite Sea Organization, according to a report in The Baltimore Sun. U.S. District Judge Dale Fischer issued a written order saying the plaintiff, Claire Headley, was not covered by the Fair Labo...
April 2, 2010
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No April Fool's Joke: New Sheriff Cracks Down

Taking the stage in Chicago at what was once Jane Addams' Hull House, where FDR Labor Secretary Frances Perkins got started, Obama Labor Secretary Hilda Solis launched a nationwide public awareness program called "We Can Help" on April 1. "I have a message for those employers who break this nation's labor laws and prey on vulnerable workers: It ends today," she said in her s...
March 26, 2010
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Denver Restaurants Targeted by DOL for FLSA Compliance

The Department of Labor (DOL) is launching a Wage and Hour (WHD) investigation of Denver area restaurants for compliance with overtime pay, working hours, and child labor, according to the local DOL office. Chad Frasier, district director for the Wage and Hour Division in Denver, says that the restaurant industry has been targeted because of past performance by similar businesses. "The ind...
March 25, 2010
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DOL Targets New York Health Care Industry for Misclassification Audits

The U.S. Department of Labor (DOL), operating on information from its Albany field office, has targeted the health care industry in New York state for investigation into the misclassification of workers and subsequent under-payment of overtime wages. Underlying this effort is a finding by the department's Albany district office that, during the past five years, almost two out of every three hea...
October 23, 2009
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Ninth Circuit Court Signs Off on 12-Hour Shift Scheme

In 1993, the nurses at Pomona Valley Hospital Medical Center in California voluntarily created and voted for a plan to work 12-hour instead of 8-hour shifts while retaining their hourly rate without being paid overtime. Under the plan, the nurses went from $22.83 an hour for 8 hours to $19.57 for 12 hours. However, for the 12-hour shifts, they would be paid time-and-a-half for hours nine throug...
August 28, 2009
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FLSA Misconceptions About Off-the-Clock Work

We've just posted a new white paper in that section on the Personnel Concepts new Web site entitled "Popular Misconceptions," in which we examine the ingenious ways that employers seek to stay off the overtime-pay radar of the Department of Labor (DOL). Let's look at one of those methods: Say Employer A sends 20 hourly employees to training on a Saturday. He calls it "voluntary," but the emplo...
April 5, 2009
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EEOC Flouts FLSA, and Makes Employees Sick

Turns out that the Equal Employment Opportunity Commission (EEOC) borrowed a page out of the private sector and reclassified employees as exempt when they should've remained non-exempt employees eligible for overtime pay--a clear violation of the Fair Labor Standards Act (FLSA). Affected employees didn't like being awarded comp time instead of time-and-a-half and filed a complaint; an arbitrat...