The Push to Increase Minimum Wage for Federal Contractors Could Be Confusing

A proposed rule of the U.S. Department of Labor’s Wage and Hour Division to raise the minimum wage for workers of federal contractors to $15.00 per hour from the current $10.95 could cause confusion for federal contractors already paying more than that.

DOL Revives Double Damages Awards for Wage Violations

The U.S. Department of Labor’s Wage and Hour Division has given investigators greater discretion in when to seek liquidated damages – double the amount of back pay an employer owes - in pre-litigation settlements for employers’ violations of the overtime or minimum wage provisions of the federal Fair Labor Standards Act.

Alison Lungstrum MacneillCampbell Litigation, P.C.April 22, 2021DOL, WHD, FLSA, Pre-litigation damages, Department of LaborComment

Department of Labor Recommends that OSHA Issue Mandatory COVID-19 Safety Rules

On February 25, 2021, the Labor Department’s Office of Inspector General (“DOL”) released an audit report (“Audit Report”) with a recommendation that the Occupational Safety and Health Administration (“OSHA”) issue mandatory COVID-19 safety rules for employers.

DOL’s Narrowed Joint Employer Rule Struck Down by Federal Court

A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).

Department of Labor Will Generally Forgo Assessing Pre-Litigation Liquidated Damages

On June 24, 2020, the Department of Labor (the “DOL”) issued a Field Assistance Bulletin providing that effective July 1, 2020, the DOL will no longer pursue pre-litigation liquidated damages in all cases in its administratively resolved investigations.

Aaron ChaetCampbell Litigation, P.C.July 2, 2020DOL, Department of Labor, Minimum Wage, FLSA, Liquidated DamagesComment

Monitoring COVID-19 and the WARN Act

As COVID-19 continues to spread, impacting business operations around the country and causing employers to lay off workers, employers must consider whether the elimination of jobs triggers notice requirements under the Worker Adjustment and Retraining Notification Act “(WARN Act”).

Colorado Wage and Hour Update: Denver Minimum Wage Increased on Very Short Notice, with Major Changes in Colorado Wage and Hour Law Expected in 2020

Johnathan KoonceCampbell Litigation, P.C.December 6, 2019Wage and Hour, Colorado Wage Act, Department of Labor, Labor and EmploymentComment

U.S. Department of Labor Announces Employer-Friendly Proposed Rule for Tip Provisions

The U.S. Department of Labor (DOL) announced a proposed tip-pooling rule that would give certain employers more flexibility in distributing pooled tips. Under the proposed rule, employers who do not take a tip credit and pay employees the full minimum wage may include employees who are not customarily and regularly tipped employees, such as back-of-house employees like dishwashers and cooks, in a mandatory tip pool.

U.S. Department of Labor Raises Salary Threshold for Wage and Hour Exemptions

The U.S. Department of Labor (“DOL”) announced its final overtime rule which updates the earnings thresholds necessary to exempt executive, administrative, or professional employees (“white collar exemptions”) from the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements.

Johnathan KoonceCampbell Litigation, P.C.September 26, 2019Wages, DOL, Department of Labor, Overtime, Overtime ExemptionsComment

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