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” Under that method, which has been endorsed by the California Division of Labor Standards Enforcement (“DLSE”), the hourly rate is calculated by adding all hours worked by the dual-rate employee in the pay period and dividing that number by the total compensation for that period. [read post]
22 Jun 2021, 12:41 pm by Mark Tabakman
The President has nominated David Weil to be the head official at the Wage Hour Division where he will wield tremendous influence on how the very nuanced Fair Labor Standards Act is interpreted and enforced. [read post]
21 Jun 2021, 11:36 am by Ilya Somin
Its membership comprises about 1,100 colleges and universities, organized into three divisionsDivision I teams are often the most popular and attract the most money and the most talented athletes….. [read post]
4 Jun 2021, 4:43 pm by Anthony Zaller
” The Division of Labor Standards Enforcement (“DLSE”) issued an Opinion Letter on July 20, 1995 stating that “storage of records by electronic means meets the requirements of California law if the records are (1) retrievable in the State of California, and (2) may be printed in an indelible format upon request of either the employee or the Division. [read post]
25 May 2021, 3:03 am by Lynn Jokela
  Commissioner Lee’s letter outlines, and includes a brief summary of, the Enforcement actions brought over the last five years that include mention of Rule 10b5-1 plans and says the Enforcement Division will continue to evaluate, as appropriate, Rule 10b5-1 plans during its investigations into potential Enforcement actions. [read post]
The state Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement, will enforce the new law using the stick granted by state legislature. [read post]
13 May 2021, 9:05 am by Seyfarth Shaw LLP
As we provide a curated look at wage and hour considerations for employers under the new administration, specific topics covered will include: The Biden Effect on FLSA Enforcement by the Federal Wage and Hour Division (“WHD”) How to Respond to a WHD Investigation 16(b) Litigation Trends Mitigating Wage and Hour Risks: Best Practice Pointers for Conducting an Effective Self-Assessment Click Here for More Information and to Register. [read post]
11 May 2021, 3:51 am by Jon L. Gelman
DOL has the authority to investigate potential violations of these laws and issue penalties and stop-work orders to employers found to be in violation of the laws.Interagency Coordinated Enforcement –Points of contact have been established and utilized between the Division of Taxation and Department of Labor to investigate potential instances of misclassification. [read post]
10 May 2021, 4:03 am by SHG
This profession of mostly women and women of color was left out of the Wagner Act in 1935 and the Fair Labor Standards Act in 1938 — exclusions that many  scholars believe  were  designed to reinforce white supremacy and patriarchy. [read post]
6 May 2021, 8:09 am by Tammy Binford, Contributing Editor
Employers not only need to consider the DOL’s rule, which relates to worker classification under the Fair Labor Standards Act (FLSA), but they also must examine the National Labor Relations Board’s (NLRB) rule related to classification under the National Labor Relations Act (NLRA). [read post]
27 Apr 2021, 2:33 pm by Melissa Hughes
  The Division of Labor Standards Enforcement may also impose a civil penalty of $100 for each employee whose rights were violated. [read post]
23 Apr 2021, 7:55 am by Tomer Shadmy, Yuval Shany
However, evidentiary harm is precisely one of the harms stemming from an enforcement modality that relies on voluntary and nontransparent cooperation between governments and online platforms: Affected individuals are aware that content they posted was removed by an online platform because of incompatibility with the applicable community standards or terms of use; they are not aware of the fact that the platform acted in response to a government takedown request. [read post]
One piece of good news for covered employers is that the Division of Labor Standards Enforcement (DLSE) has exclusive jurisdiction to enforce the measure and recover lost wages, benefits, and reinstatement for aggrieved employees. [read post]
19 Apr 2021, 11:59 pm by Jeffrey S. Horton Thomas
Enforcement – What’s at Stake for Employers Laid-off employees may file complaints for violations of the new recall requirements with the California Division of Labor Standards Enforcement (DLSE). [read post]
19 Apr 2021, 5:01 am by Unknown
My guess is that at least one person did so, and probably is the reason the situation was brought to the attention of the Massachusetts Division of Labor Standards. [read post]
17 Apr 2021, 11:11 am by Pennsylvania Employment Lawyer
As noted above, a claim arising out of FFCRA for retaliation is made pursuant to FLSA, and thus a prevailing plaintiff is entitled to recover attorneys fees and costs on such claims.The question left unanswered in Toro is whether a EPSLA claim for Sick Leave Pay is also governed by FLSA.Well,  "A Rule by the Wage and Hour Division on 04/06/2020" states:The EPSLA also provides that employers who fail to provide paid sick leave as required are… [read post]
15 Apr 2021, 1:16 pm by Pennsylvania Employment Lawyer
More than 143 million American workers are protected (or "covered") by the FLSA, which is enforced by the Wage and Hour Division of the U.S. [read post]