By Michael Kun
If employers with operations in California believed that they could not possibly face more wage claims than they already do, they can think again.
The California Department of Labor Standards Enforcement (“DLSE”) – the state agency that addresses wage claims – has launched a new website designed to notify employees of their rights and explain how to file claims:
http://www.wagetheftisacrime.com/What-We-Do.html#laborCommissioner
The website provides detailed information about the various types of claims individuals may bring, and how to bring ...
By Eric J. Conn, Head of the OSHA Practice Group at Epstein Becker Green
An industry contact recently asked me what five issues I expected OSHA would be focusing its enforcement efforts on for the balance of this year. Here was my response:
1. Emergency Exits & Exit Routes – A couple of months ago, OSHA issued an enforcement memorandum directing inspectors to scrutinize whether employers were providing and maintaining adequate means of emergency exit; i.e., unlocked, unobstructed, and clearly marked exit doors and exit routes in compliance with 29 C.F.R. 1910.36. We ...
From restaurants in New York to childcare providers in Arkansas to the garment industry in Southern California, Department of Labor investigators continue to uncover FLSA violations by conducting unannounced workplace inspections.
Accordingly, in January, we released our Wage and Hour Division Investigation Checklist for employers and have received terrific feedback with additional questions. Following up on your questions, we will be regularly posting FAQs as a regular feature of our Wage & Hour Defense Blog.
We previously blogged about how to prepare ...
The prohibition against private settlements of FLSA claims was scrutinized again last week, when U.S. District Court for the Eastern District of New York held that parties could voluntarily dismiss an FLSA lawsuit without obtaining approval of the settlement agreement from the court. Picerni v. Bilingual SEIT & Preschool Inc.
Courts in FLSA cases have historically expressed the concern that individual waivers of FLSA rights would enable employers to use their superior bargaining power to extract individual waivers from their employees and “thwart ...
Please join us for OSHA-related briefings in Columbus, OH (November 14, 2012) and Cincinnati, OH (November 15, 2012). The events cover half a day, with breakfast and lunch included. A copy of the detailed invitation is below. Clink on the links above or contact us to RSVP for the upcoming briefings.
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If you have questions, please reach out to the author(s).
The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
By Eric Conn, Head of the OSHA Practice Group
We recently had an article published by the Washington Legal Foundation entitled "OSHA Continues Trend of Informally Imposing New Rules." The article expanded on an earlier post here on the OSHA Law Update Blog regarding OSHA's attempts to circumvent Formal Notice and Comment Rulemaking by changing regulatory requirements through interpretation letters, directives, and enforcement memoranda. Here is a link to the original post.
Below is an excerpt from the expanded article, published this week in Washington Legal ...
By Douglas Weiner and Meg Thering
The U.S. Department of Labor (“DOL”) has announced that it has been finding “patterns of violative pay practices” in gas stations throughout New York, Long Island, and New Jersey. Last year, in New Jersey alone, the Department of Labor, through its multi-year enforcement initiative, conducted 74 investigations of gas stations and ordered employers to pay over $1 million in back pay to employees.
As many commuters know, long daily and weekly hours are the norm for many employees in the gas station industry. Enhanced enforcement activity ...
Last week, the leaders of the grain industry in North Dakota gathered for their annual conference, this year the Centennial gathering of the North Dakota Grain Dealers Association. I had the privilege of speaking at the conference, and share some background about OSHA's increasing focus on the grain handling industry, a review of grain handlers' rights vis-a-vis OSHA, and some strategies and tips for preparing for and managing an OSHA inspection. I also had the opportunity to speak about OSHA's approach to inspections in the grain industry at the National Grain & Feed ...
By: Kara M. Maciel
The Department of Labor’s Wage and Hour Division in Norfolk, Virginia has announced that it will be stepping up its compliance audits and enforcement efforts against area hotels. In the past few years, the DOL stated it found violations at about 60% of local hotels. According to the DOL, the agency recently made spot checks at 10 area hotels since April. This is just one part of the agency’s nationwide enforcement program and its “Plan/Prevent/Protect” initiative against the hospitality industry. Common violations assessed by the DOL include:
· ...
By: Kara M. Maciel
The Department of Labor’s Wage and Hour Division in Norfolk, Virginia has announced that it will be stepping up its compliance audits and enforcement efforts against area hotels. In the past few years, the DOL stated it found violations at about 60% of local hotels. According to the DOL, the agency recently made spot checks at 10 area hotels since April. This is just one part of the agency’s nationwide enforcement program and its “Plan/Prevent/Protect” initiative against the hospitality industry. Common violations assessed by the DOL include:
· ...
Recent Updates
- Watch: Change Is Coming from the EEOC—but When? - Employment Law This Week
- The EEOC Moves to End EEO Reporting – Comments Invited Through August 24
- Watch: New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time - Employment Law This Week
- Attention Connecticut Warehouse Employers: Deadline for New Quota Notices Approaching
- New Jersey Department of Labor’s Guidance Clarifies Expanded Job Protected Leave Rights for Employees