Department of Labor

DOL Decision Could Mean the End of Wage Theft Through “Independent Contractor” Misclassification

Are you an employee? It seems like a simple question that must have a simple answer for most people. But definitions in different laws and rulings enforcing the laws vary. And that variation provides an opening for a growing number of employers to cheat governments of taxes and workers of income, benefits and protections by …

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Silicon Valley Firm’s Wage Theft: ‘Worse Than Sweatshops’

“This is worse than anything I ever saw in any of those Los Angeles sweatshops,” said Michael Eastwood, a Los Angeles Department of Labor assistant district director, reflecting on a Silicon Valley firm’s failure to pay minimum wage to eight Indian employees. The workers, who were flown in from the company’s Bangalore offices, worked up …

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Court Okays Labor Department Rule: Guestworkers Must Earn Prevailing Wages

Each year, tens of thousands of immigrant “guestworkers” come to the United States on special employer-sponsored visas to work temporary jobs in landscaping, hotel housekeeping and other low-wage sectors. But for decades, these workers have beendemonized and scapegoated, accused of hurting “native” U.S. workers by driving down wages. At the same time, the immigrants themselves …

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Books That Shaped Work in America

To commemorate its 100th anniversary, the U.S. Department of Labor has launched “Books that Shaped Work in America (www.dol.gov/books), an online project which explores work, workers and workplaces through literature, and aims to educates the public about the history, mission and resources of their Labor Department. People from all walks of life are being asked …

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It’s the Final Countdown: How the Government Shutdown Affects Labor and Employment Law

In case you haven’t heard, as of 12:01 a.m. this morning, the federal government is closed. Your business will feel this shutdown in many ways, including in your interactions with the federal agencies that enforce the various labor and employment laws. Each has posted on its website a contingency plan for operations during the shutdown. For …

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Workplace Fairness and Wages: The Ethical and Legal Implications of Unpaid Internships

If you asked me about the most significant issue in workplace fairness today, I wouldn’t cite any of the common answers. Although there are widespread issues such as corporate bullying, the wage gap between men and women, and a general lack of freedom among employees, there is one problem that is more widespread and more …

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Is the Labor Department Dragging Its Feet On Promising Anti-Wage Theft Measure?

Advocates estimate that tens of billions dollars are stolen from workers every year through wage theft. A national survey of workers in the United States’ three largest cities – New York, Chicago, and Los Angeles – showed the startling finding that 26 percent of those surveyed in low-wage industries were paid less than the minimum …

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Jobless Rate Falls, But Job Creation Falls Short of What Nation Needs

The new year started with better but not great news on the jobs front. The latest figures from the U.S. Department of Labor released this morning show that unemployment dropped from 9.8 percent in November to 9.4 percent in December. Even with the expected holiday season hires, only 103,000 net new jobs were created last …

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OSHA’s squeaky Whistleblower Protection Program

Most people are aware that, since 1970, the Occupational Health and Safety Administration (OSHA) has been responsible for issuing and enforcing standards for workplace health and safety. But if I were a betting person, I would wager that far fewer are aware of OSHA’s responsibilities in relation to the Sarbanes Oxley Act. OSHA is charged …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.