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Topic: Wage & Hour
Recent Wage & Hour Case Underscores the Power of Policies and Training
Posted by Shanti Atkins
Buried behind the stories of the budget battle in Washington and the plummeting stock market, there was some good news for employers on the wage and hour litigation front in July.
Most of you read the recent US Supreme Court’s decision in Dukes v. Wal-Mart. Dukes held that a nationwide discrimination class action could not be pursued against Wal-Mart, because there was no common policy or practice that could support a class-wide claim. The Court saw the claims as an amalgam of individual and perhaps smaller group claims, not appropriate for a nationwide discrimination class action.
DOL’s Wage & Hour Enforcement Budget Bucks the Trend
Posted by Shanti Atkins
While Congress and the Obama Administration take turns proposing one budget cut after another, a newly released budget proposal from the Department of Labor's (DOL) Wage & Hour Division (WHD) strongly bucks the budget axe trend.
Fanning the Flames - The DOL’s 5-Year Plan
Posted by Shanti Atkins
It's that time of year again-you're starting to think about next year's strategic business plans. Figuring out what to prioritize isn't always easy-but one thing is certain: you must stay focused on wage and hour risks.
Healthcare Employers Hit by Wage and Hour Claim Pandemic
Posted by Shanti Atkins
Last week I blogged about the increased risk of wage and hour class actions for employers. The stakes are even higher for healthcare employers. Wage and hour class actions targeting hospitals and other healthcare employers have literally exploded over the past several years, increasing by 35 percent between 2008 and 2009 alone. That number is expected to double this year.
Employers in a Perfect Storm of Wage & Hour Litigation
Posted by Shanti Atkins
This isn't the first (and probably won't be the last) time I've blogged about wage and hour class actions being the number one employment law risk. Wage and hour class actions still outnumber all other discrimination class actions combined. But most employers are finally starting to grasp the enormity of this litigation landmine.
Federal Court Dismisses Wage & Hour Class Action, Citing Company’s Compliance and Training
Posted by Shanti Atkins
In early May of 2010, a Federal Court in Western New York dismissed a potential wage & hour class action lawsuit brought against Black & Decker. In Kuebel v. Black & Decker (U.S.) Inc., an hourly employee claimed that he was discouraged from reporting all of his hours and overtime. The court found the employee's testimony unreliable, and completely dismissed the employee's individual claims, and all the potential class's claims as well.
Key Federal Agencies Beefing Up Budgets: Tougher Enforcement on the Horizon
Posted by Shanti Atkins
During last year's Presidential campaign, Obama made repeated promises to "step-up" enforcement efforts to help protect American workers.
Now Obama is really delivering on his Campaign promises. And the proof is in the numbers.
The Obama Wage Effect – Show Me the Money!
Posted by Shanti Atkins
It goes without saying that our new President has entered office in the toughest of economic times. My focus? Diving into the details of his hefty labor agenda.
Obama hasn’t been shy about his support of full civil rights, and his unwavering commitment to ensuring that US workers are paid properly for their time (check out the White House blog entry on this topic).
Let’s just say that when it comes to fair pay issues, there’s a lot of energy in the system.
ELT Study Reveals Gaping Holes in Wage & Hour Compliance: Employers Uncertain of Time Reporting
Posted by Shanti Atkins
ELT just wrapped up a survey of more than 2,000 legal, ethics, and HR professionals and the results are eye opening. 60 percent of respondents reported that either their employees were not accurately reporting all hours worked, or they didn't know if they were. More than 40 percent of respondents were not confident that their employees even knew how to file a wage and hour complaint - a gaping hole that drastically increases liability, and that the plaintiff's bar is eager to jump in.
California Employers Finally Get Some Meal & Rest Break Relief
Posted by Shanti Atkins
I don’t get to blog very often on positive developments in the world of wage and hour. It seems like it’s always down, down, down with no bottom in sight. But today, I’m actually passing on a bit of good news, at least for California employers.
The Fourth District Court of Appeals in San Diego issued its ruling in Brinker Restaurant Corporation v. Superior Court, No. D049331 (July 22, 2008), and put to rest (pun intended) a vexing meal and rest break issue.
