DOL Extends PAID Program

The Department of Labor on Tuesday announced it was extending the Payroll Audit Independent Determination Program (PAID) for an additional six months. PAID is a voluntary compliance initiative that helps workers collect back wages due them in an expedited manner without having to wait for lengthy investigations to conclude or initiate court cases. Through PAID,…

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DOL Extends Forms, Updates Opinion Letters

The gridlock on joint employer notwithstanding, the Department of Labor (DOL) this week extended for three years the validity of current notices and medical certification forms for use in complying with the federal Family and Medical Leave Act (FMLA) The forms were set to expire last Friday, August 31, but have now been extended until…

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Discount Meals Don’t Violate FLSA

The US Ninth Circuit Court of Appeals has upheld a lower court ruling in Rodriguez v Taco Bell Corp. that requiring employees to eat employer-discounted meals in the restaurant violates neither the US Fair Labor Standards Act (FLSA) or California Employment Law. Taco Bell offers its employees discounted meals for their required 30-minute meal breaks…

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Litigation Losses

There have also been a number of other court cases decided, resurrected and/or revisited over the past few weeks that we thought you should be aware of as they all may be very much relevant to your business. Starbucks won the battle, but might be losing the war in a California case over cancer warnings…

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Retail Group Backs Worker Center Bill

Another interesting initiative in Congress seeks to deal with the proliferation over the past several years of so-called worker centers. These “worker centers” are thinly veiled union operations that operate outside federal labor law and skirt regulations that have been adopted to ensure that labor organizations operate within the law.  H.R. 5665, filed by Florida…

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DOL Launches Self-Reporting Wage Error Pilot

The US Department of Labor is certainly taking a different approach to resolution of wage disputes with a new pilot program the department announced this week. DOL announced the Payroll Audit Independent Determination (PAID) program on Tuesday of this week as a vehicle that will be operated by the Wage and Hour Division to help…

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Back in Play, Again

In many ways, the validity of various federal regulations could be described as a roller coaster of sorts as well, as evidenced by action last week by the Department of Labor. Recall that during the final days of the George W. Bush administration, the Wage & Hour Division issued a number of opinion letters interpreting…

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Tip Pooling To OMB

Earlier this week while attending an excellent CFA Forum and Lobby Day in Washington DC, we learned that the Department of Labor sent a revised rule on tip pooling to the White House Office of Management and Budget for approval. OMB must approve new regulations before they are published in the Federal Register. The proposed…

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Joint Employer in the Crosshairs

The House’s  Workforce Protections subcommittee held a public hearing this week on the Save Local Business Act (HR.3441), a bill filed by Alabama republican Congressman Bradley Byrne and co-sponsored by 63 others even including a handful of democratic members. Notwithstanding the bipartisan support the bill has enjoyed, this memo from democratic congressional staff paints a…

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And Across the Aisle

The Strong Families Act may have had bipartisan sponsors, but it was only democratic Senators and Representatives in Congress that filed the Wage Theft Prevention and Wage Recovery Act earlier this week. Senators Patti Murray (WA) was joined by Senators Al Franken (MN) and Sherrod Brown as well as Connecticut Representative Rosa DeLauro and Bobby…

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