Disability Nondiscrimination Law Adviser

Posted on May 5, 2010 by Tom Crane

Department of Labor has released a Disability Nondiscrimination Law Adviser.  Once the reader answers some general questions, the adviser will provide some a customized list of statutes that apply to the reader's particular business and the requirements of those statutes.  See DOL website.  The stated purpose of the Adviser is to allow employers to identify which disability nondiscrimination laws apply to their business.  

This Adviser is one in a series of electronic advisers regarding various employment statutes. 

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DOL Changes Guidance Regarding Mortgage Loan Officers

Posted on April 13, 2010 by Tom Crane

 Periodically, the Department of Labor issues guidance on interpretation of the regulations and statutes regarding the Fair Labor Standards Act.  The FLSA is the statute hat requires overtime pay and payment of minimum wage.  The DOL has issued an opinion recently stating that it now believes mortgage loan officers are not exempt employees and are, therefore, entitled to overtime pay.  According to one commentator, this new interpretation will apply to employees who work primarily in the employer's place of business and to employees who do not engage in cold-calling, contacting potential customers.  If you think you may have employees who fit these criteria, you should seek guidance regarding changes to be made as soon as possible. 

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DOL Gets a Failing Grade

Posted on June 4, 2009 by Tom Crane

 Rio Grande attorney, Aaron Ramirez, explains nicely the problems with seeking redress for wage violations from the Department of Labor.  As he says, its better to seek relief through a private attorney.

Aaron points out for example that DOL does not normally seek liquidated damages.  Liquidated damages is a phrase referring to monies used to compensate the victim of a wage issue for emotional issues and to help punish the employer.  

In my own experience, DOL does little more than *maybe* issue a finding that the employer has violated the Fair Labor Standards Act (the minimum wage law).  

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