On June 27, 2017, the United States Department of Labor reinstated the practice of issuing opinion letters for Fair Labor Standards Act (FLSA) applications. For about 50 years, opinion letters were issued by the department in fact-specific situations where uncertainty existed on how to apply the FLSA.
The debate about how to classify an intern for the purposes of FLSA has been ongoing for a long time and took many turns in the discussion. In 2010, the Department of Labor (DOL) released a six-part test to help determine the case, however, several appellate courts have rejected this test.
On December 12, 2017, a unanimous ruling from a three-judge panel of the 2nd Circuit court affirmed the ruling of a district court that a truck driver, Jaun Rodriguez-Depena, must arbitrate his FLSA claims.
As part of a settlement to resolve a lawsuit brought by several wage theft victims whose claims were never investigated by the state, New Mexico state regulators agreed to shore up administrative blind spots and toughen enforcement actions against companies defrauding workers.
A federal judge recently approved a settlement between North Carolina-based Snyder’s-Lance pretzel company and over 100 delivery drivers at the company’s Tennessee operations site to resolve claims that the company systematically underpaid workers.
AKRON, OH — An Akron, Ohio restaurant recently agreed to settlement terms with the Department of Labor to resolve claims that the company engaged in systematic wage theft against almost two-dozen workers over the course of several years. Under the resolution, defendant Azteca Restaurante Mexicano Inc. and its named owner will pay a total of $118,000 in back wages with interest and liquidated damages to 21 current and former employees as well as implement a computerized payroll system to prevent future instances of wage theft from occurring.