The U.S. Department of Labor’s Wage and Hour Division (“DOL”) is currently conducting a survey seeking information from employers on wages paid to construction workers in 46 metropolitan North Carolina counties on all active building projects. The DOL is seeking this information to establish prevailing wage rates required under the Davis-Bacon and Related Acts (“DBRA”). Continue reading
With the November election results (finally) in the rear view, businesses should be prepared to comply with upcoming minimum wage increase obligations, including increases resulting from the election. Specifically, companies with operations in Arkansas and Missouri must be aware that in the recent election, voters chose to increase their state minimum wage rates as of January 1, 2019. Arkansas increased its minimum wage from $8.50/hour to $9.25/hour on January 1, 2019 and will increase the rate to $11.00/hour by January 1, 2021. Missouri voters approved an increase from $7.85/hour to $8.60/hour on January 1, 2019 and to $12.00/hour over the next five years. Continue reading
U.S. Secretary of Labor, Alexander Acosta, recently formed the U.S. Department of Labor’s (“DOL”) new Office of Compliance Initiatives (“OCI”). The stated purpose of the OCI, according to the DOL’s website, is in part to “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans’ wages, workplace safety and health, retirement security, and other rights and benefits.” To this end, the OCI focuses on education to ensure compliance with the Fair Labor Standards Act (“FLSA”). Continue reading
On November 8, 2018, the U.S. Department of Labor (DOL) re-issued an opinion letter abandoning the “80/20 Rule,” which prohibited employers from taking a tip credit if a tipped employee spent more than 20% of his or her working time on non-tipped work.
The opinion letter is a re-issuance of one previously published on January 16, 2009 by the Bush administration. The letter, however, was withdrawn once President Obama took office. The DOL’s new guidance provides restaurant and hospitality employers with clarity and a more practical approach defining when a tip credit can be taken. Continue reading
While wage and hour class and collective actions continue to prove costly for employers, defense counsel have tinkered with different creative methods to attempt to preemptively moot an individual plaintiff’s claims prior to the conditional certification of a collective or class action. Although courts are currently split on the viability of such tactics, the Second Circuit Court of Appeals (“Second Circuit”) has left the door open for defendants to attempt a preemptive strike. Continue reading
As everyone knows, an historic midterm election occurred this week. Early projections from The New York Times estimate that more than 114 million ballots were case this year, which presents an increase of almost 30 million votes from the 2014 midterms. The big take-aways include the Democrats retaking control of the House and the Republicans retaining their majority in the Senate. Also, a record number of female candidates (more than 250) and people of color (almost 200) ran for office in this election, with many of these candidates throwing their hats in the ring for the very first time. Not surprisingly, health care, immigration and the economy were at the top of the list for voters during exit poll interviews. Continue reading
Executive Summary: In New York, with its robust state New York Labor Law (“NYLL”), one can receive liquidated damages on top of compensatory damages greater than liquidated damages under the Fair Labor Standards Act (“FLSA”). The U.S. Court of Appeals for the Second Circuit has determined, however, that one cannot receive a double recovery under the NYLL and FLSA for liquidated damages. That principle was reaffirmed in early October. Continue reading