The U.S. DOL‘s Wage and Hour Division is the administrative division responsible for enforcing the FLSA's minimum wage, overtime pay, and child labor provisions.
Seyfarth Synopsis: The DOL's Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn't have the statutory authority in the first place, and doing so slowed down resolutions. Going forward WHD investigators are no longer allowed to demand liquidated damages in administrative settlements.
The U.S. DOL's Wage and Hour Division is the administrative division responsible for enforcing the FLSA's minimum wage, overtime pay, and child labor provisions. The Division employs just over 600 investigators—about 25% less than a few years ago—to oversee and enforce the compliance of more than 6.2 million U.S. employers. By the numbers alone, the investigators have their work cut out for them.
Of course, doing more with less has been a well-known focus of the Trump Administration. That focus is shared—whether out of philosophy, necessity, or both—at WHD. Less than six months into the new term, the Division's leadership has placed a greater emphasis on proactive education—ensuring that employers and employees understand their legal obligations and rights—and efficiency.
Take, for example, the DOL's re-launch of its opinion letter program. This initiative provides an avenue for WHD to proactively address sometimes murky questions of how...
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