Finally filling the vacant seat of Wage-and-Hour Administrator, the U.S. Senate confirmed the appointment of Boston University Professor David Weil to the position.  Prevailing sentiment among business and labor leaders is that Administrator Weil’s administration will take a hard line on enforcement of the FLSA, consistent with the Obama administration’s publicized view that vigorous enforcement of the FLSA to ensure  protection of lower wage earners is necessary and appropriate.  Professor Weil’s most recent book discusses the impact of a “fissured” workplace — in which large companies no longer directly employ workers, but rather use  franchise, subcontractor, or other arrangements — on working conditions, and provides a potential road map for businesses seeking to anticipate the DOL’s likely priorities under Administrator Weil. 

We will provide updates as to any early initiatives from now-confirmed Administrator Weil.