Skip to main content

Department of Labor’s ‘Amnesty’ Program For Owed Back Wages Takes Effect April 3rd


For those that have not been following the recent news from the Department of Labor, a recent ‘amnesty’ program was announced in which employers would be given an opportunity to self report wage and hour violations, without legal consequences, so long as employers get back pay to affected workers and the employers are not prior offenders themselves.  

The program, known as the Payroll Audit Independent Determination program (‘PAID’) has been pushed by Labor Secretary Alexander Acosta as an opportunity for all parties to benefit:  Employers can immediately remedy any wage and hour violations they have (without fear of penalty) while workers will be entitled to receive any back pay they are due.

However, critics of the program have repeatedly referred to it as a ‘get out of jail free’ cars for employers that does not get to the actual root of the problem:  alleged repeated and systemic wage and hour violations that reestedly go unchecked.  Opponents of the PAID program have instead urged the Department of Labor to implement better policies to ‘catch’ employers in the act rather than giving them an out with this program. 

The PAID program, set to go into effect on April 3rd, will be in place for six months.  Thereafter, it will be revaluated before the Department of Labor decides whether continue with the program, make changes, or end it entirely.


For additional information:  https://www.dol.gov/newsroom/releases/whd/whd20180306

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations