News & Analysis as of

Settlement Wage and Hour Department of Labor (DOL)

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Polsinelli

DOL Ends “Double” Damages in Pre-Litigation FLSA Cases

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What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Whiteford

Employment Law Update: Growing Number of Courts Reject FLSA Settlement Approval Requirement

Whiteford on

The legal landscape surrounding Fair Labor Standards Act (“FLSA”) settlements is changing as a result of a split among federal courts on whether such settlements actually require judicial or Department of Labor (“DOL”)...more

Parker Poe Adams & Bernstein LLP

DOL Announces Settlement of Three Lawsuits Against Assisted Care Facilities Alleging Unpaid Overtime

Over the past several years, the federal Department of Labor’s (DOL) Wage and Hour Division has focused enforcement efforts on assisted care and related facilities. DOL alleges that some of these employers fail to pay...more

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

ArentFox Schiff

DOL to Seek Liquidated Damages in Pre-Litigation Settlements

ArentFox Schiff on

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more

Epstein Becker & Green

DOL Sets Enforcement Records Again - Employment Law This Week® - Trending News

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A Trending News interview from Employment Law This Week®, featuring attorney Garen Dodge of Epstein Becker Green: The Department of Labor (DOL) announced that both the Wage and Hour Division (WHD) and the Office of Federal...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - March 2019

Flaster Greenberg PC on

Welcome to the fourth edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Seyfarth Shaw LLP

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

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Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Genova Burns LLC

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

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On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an...more

Troutman Pepper Locke

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Cole Schotz

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

Cole Schotz on

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

Kelley Drye & Warren LLP

Reminder – Be Careful When Settling A Wage Claim

Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court approval....more

Littler

Second Circuit Holds that Parties May Not Stipulate to Dismiss With Prejudice FLSA Actions Without Court Approval

Littler on

A recent decision by the Second Circuit will likely make it more difficult for parties to enter into private Fair Labor Standards Act (FLSA) settlements in cases pending not only in the Second Circuit, but nationwide. On...more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Carlton Fields

The Benefits of Settling Employee Wage Claims Through the Department of Labor

Carlton Fields on

The Fair Labor Standards Act (FLSA), as construed by the U.S. Department of Labor (DOL) in its extensive regulations promulgated under the Act, governs federal wage and hour law. Where an employer is an enterprise engaged in...more

Saul Ewing LLP

$4.5 million wage settlement for Pa. and WVa. workers in oil and natural gas industry

Saul Ewing LLP on

On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...more

Cozen O'Connor

Department of Labor Targeting Oil and Gas Contractors

Cozen O'Connor on

On December 9, 2014, the U.S. Department of Labor (“DOL”) announced that it had achieved $4.5 million dollars in settlements from private employers as a result of a two year investigation into contractors working in the...more

Proskauer - Government Contractor Compliance...

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

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