News & Opinions

The Feds May Be Slacking Off, But the States Aren’t

Think you might be off the hook because it appears the federal DOL is concentrating on larger businesses? Think again. That knocking you hear at your door just might be the state investigators, and they’re not messing around.

Click here to read more

Wal*Mart Lessons Learned (or Maybe Not)

In a class-action wage and hour lawsuit in Minnesota, a jury will decide in October how much in penalties Wal*Mart is liable for. The total could go as high as $2 billion. Do you think they’ve learned their lesson? Me neither.

Click here to read more

GAO Says DOL Falling Down on Job

The GAO says the DOL has done a poor job of following up on wage and hour complaints. Does this mean you can violate the law and get away with it? In a word, no.

Click here to read more

Donning and Doffing Still a Confusing Issue

In the face of conflicting Circuit Court rulings related to donning and doffing, the Supreme Court simply let the lower court decisions stand — leaving donning and doffing a gray area of wage and hour law.

Click here to read more

Read This If You Employ Temps or Contractors

If you employ temps or contractors, you could find yourself on the hook for wage and hour violations committed by your temp agency. Not good. Take steps to protect yourself, now.

Click here to read more

Is Your Business a Victim of the Underground Economy?

Underpaid and exploited employees aren’t the only ones hurt when companies cheat them out of what they’re owed. The law-abiding businesses that try to compete with these rogue companies are put at a disadvantage, too.

Click here to read more

Something You Don’t See Every Day

From the “unusual stories” file, comes the tale of the city that’s voluntarily paying back wages they owe to 14 workers, going back two years. The workers didn’t even realize they were entitled to the pay, and none of them had raised a complaint.

Click here to read more

Enforcement Sweeps ID 2,078 Misclassified Workers in New York State

Back in September, New York Governor Eliot Spitzer set up a task force to crack down on companies that illegally classify employees as independent contractors. Recently state investigators conducted a series of 15 enforcement sweeps, covering 117 companies, primarily in the construction and restaurant industries. Here’s what they found.

Click here to read more

Political Campaigns and the FLSA

Interesting question: are political campaign organizations subject to the provisions of the Fair Labor Standards Act? What are the implications (if any) when senior staffers respond to a fund-raising crunch by “volunteering” to work for free?

Click here to read more

IBM Retaliates for Wage and Hour Lawsuits by Cutting Employee Pay

In response to several wage and hour lawsuits alleging misclassification of employees, IBM agrees to reclassify 8,000 workers at non-exempt… while at the same time cutting their base pay by 15%. A good cost-cutting move, or petty retaliation?

Click here to read more