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By Amy Blaisdell, Dennis Collins on June 10, 2013 at 5:56 PM

Man's Thumb preparing to  toss a penny with coins in the backgroundIn announcing wage settlements with private employers, the DOL routinely states that it wants employees to get “every penny they earn." However, realistically the stakes of a wage and hour investigation by the DOL or a wage and hour class action by a current or former employee are much higher than paying each employee down to the penny. You might ask yourself, “Is it better or worse to draw a DOL investigation as opposed to a private class action?” The answer is that the stakes are different but high in either case—it’s truly a coin toss that you can’t win.

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By Amy Blaisdell on May 14, 2013 at 9:43 AM

Employee using time clock to punching in/out of workLate last year the Seventh Circuit reversed prior precedent and held that an associate who is minimally qualified must be reassigned to a vacant position as a reasonable accommodation in EEOC v. United Airlines, Inc.. 2012 U.S. App. LEXIS 18804 (7th Cir. 2012). That decision, coupled with the EEOC's focus on fixed-leave policies as violating the Americans with Disabilities Act (“ADA”), has caused much angst among employers as they struggle to square lean staffing models with the ADA’s duty to accommodate.

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By Amy Blaisdell on April 25, 2013 at 8:10 AM

Checklist with boxes and a penIf you think this sounds like a “bad joke,” think again. The United States Department of Labor (“DOL”) has been quite transparent as of late that it is ramping up its FMLA investigatory activities to include unannounced, on-site visits. Although the DOL has historically called employers to arrange on-site visits, particularly for FMLA investigations, the DOL has determined that unannounced, on-site visits is a more effective use of the DOL’s time and resources for both FLSA and FMLA investigations. The DOL’s practice concerning Visits to Employers is described in DOL Fact Sheet #44.

So, exactly what do you do to prepare for the unannounced visitor? 

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