DOL Refuses OT Comment Extension

Notwithstanding pleas from business interests around the country as well as the Advocacy Office of the Small Business Administration, the Department of Labor has denied requests for extension of the public comment period.  As a result of the Department of Labor’s intransigence, all public comment on the Wage & Hour Division proposal to more than…

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Still More Anti-business Labor Regulations

As if the egregious doubling of the “white collar exemption” weren’t enough, Obama’s Department of Labor has proposed another new regulation that is very friendly to organized labor at the expense of business.  Although QSRs will likely not be directly impacted, a new regulation proposed by the Department of Labor and the Federal Acquisition Regulatory…

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SBA Advocate Asks for More Comment Time on Overtime

With the Obama administration moving full bore on implementing its new overtime rules under the Fair Labor Standards Act, the business advocate’s office within the Small Business Administration has formally requested that DOL allow more time for concerned individuals and small businesses to comment on the proposal.  DOL’s Wage and Hour Division has proposed more…

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DOL Signals Increased Enforcement

US Secretary of Labor Thomas Perez testified before Congress a week ago on the DOL budget request and in so doing, gave an impression that there will be increased enforcement by his department on perceived wage and hour violations.  Aside from minimum wage issues, the Obama administration is increasing their focus on overtime pay.  During…

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FMLA And FLSA Lawsuits Rise Over Prior Year

US Courts recently released 2014 statistics showing an increase in the number of cases initiated in federal courts overall as well as under the specific provisions of the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).  Not surprisingly in light of the pro-labor bias shown over the past few years…

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Limiting your Legal Liability for Employee Compensation Claims

As a Dunkin’ Donuts franchisee, you and your labor lawyer should immediately audit your franchise’s compensation practices. Lawsuits for unpaid minimum and overtime wages are on the rise, and several Dunkin’ Donuts franchisees in the northeast have been the targets of lawsuits and Department of Labor investigations. In September 2014, a Dunkin’ Donuts franchisee near…

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Department of Labor Restricts Employer-Directed Tip Distribution Even When Affected Employees Are Paid Above the Minimum Wage

The United States Department of Labor, Wage and Hour Division issued important new directives to its field investigators.  These directives will impact employers who employ individuals who pool gratuities.  The Wage and Hour Division’s Field Assistance Bulletin No. 2012-2 rejects the ruling of a Federal appeals court and advises field staff that the department’s 2011…

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