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David G. Gabor, Esq. 

 David Gabor is widely recognized as an expert in the area of employment, human resources and business law. He has been called upon to proactively represent clients in litigation, the negotiation and drafting of contracts, handling compliance issues, the creation of corporate infrastructure, the drafting of policies, training of employees and leading companies towards organizational excellence. 





The Wagner Law Group

The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, estate planning, employment, labor and human resources and investment management.


Established in 1996, The Wagner Law Group is dedicated to the highest standards of integrity, excellence and thought leadership and is considered to be amongst the nation's premier ERISA and employee benefits law firms. The firm has seven offices across the country, providing unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide. The Wagner Law Group's 32 attorneys, senior benefits consultant and four paralegals combine many years of experience in their fields of practice with a variety of backgrounds. Seven of the attorneys are AV-rated by Martindale-Hubbell and six are Fellows of the American College of Employee Benefits Counsel, an invitation-only organization of nationally recognized employee benefits lawyers.  Six of the firm's attorneys have been named to the prestigious Super Lawyers list for 2017, which highlights outstanding lawyers based on a rigorous selection process.








Contact Info

The Wagner Law Group


  Integrity | Excellence



Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110


Washington, D.C.

Tel: (202) 969-2800


Fax: (202) 969-2568

 800 Connecticut Avenue, N.W.

Suite 810

Washington, D.C. 20006



Tel: (847) 990-9034

Fax: (847) 557-1312

190 South LaSalle Street

Suite 2100

Chicago, IL 60603



Palm Beach Gardens 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418



Tel: (813) 603-2959

Fax: (813) 603-2961

101 East Kennedy Boulevard

Suite 2140
Tampa, FL  33602 


San Francisco

Tel: (415) 625-0002

Fax: (415) 358-8300

300 Montgomery Street

Suite 600

San Francisco, CA 94104


St. Louis

Tel: (314) 236-0065

Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119 







March 8, 2018



Employment Law Alert


 Department of Labor to Pilot Self-Reporting Wage Violation Program





The Department of Labor's Wage and Hour Division (WHD) has announced a new program that seeks to improve the often lengthy and difficult resolution process following an employer's violation of the Fair Labor Standards Act (FLSA). The new program, called the Payroll Audit Independent Determination (PAID), is set to begin a six-month pilot period designed to encourage employers to participate in self-audits of their pay practices and to bring violations they find to the WHD. The program is specifically tailored to reduce the necessity of litigation to resolve violations of wage regulations, to increase compliance with overtime and minimum wage rules, as well as to increase the likelihood of employees receiving the wages they are owed on an expedited basis. The WHD will oversee this new program and work side-by-side with employers who choose to participate in order to correct any violations that may have occurred, and ensure that workers receive their back wages. After the six-month pilot period, the program will be evaluated by the Department of Labor (DOL) to determine its efficacy.


The program seeks to benefit both employers and employees with new proactive compliance assistance as opposed to reactive enforcement measures. Both parties can avoid an often lengthy litigation process that results in high legal fees and other related costs. The program will have an additional benefit to employers as they will no longer be subject to liquidated damages. On the other side of the table, employees will no longer face protracted and often costly litigation. Additionally, the DOL anticipates that it will use only a fraction of the resources it normally dedicates to resolving FLSA violation cases with the new self-compliance measures.  


Generally, all employers subject to the FLSA are eligible to take advantage of the PAID program.  Employers that are not acting in good faith or are already under investigation for wage violations, however, will not be eligible to participate in the PAID program.  In addition, an employer that is already in the midst of litigation, in court, arbitration, or otherwise, is not eligible to participate in PAID, and employers who have been notified by an employee's representative of an interest in litigating or settling a wage issue are also ineligible.  The WHD will closely monitor the program in order to ensure only eligible employers participate.



The DOL has included additional safeguards for employees in its new program. While employers who participate will be required to return 100 percent of back wages to their employees by the end of the next full pay period following the issuance by WHD of a summary of unpaid wages, employees are not obligated to accept settlements that they are not satisfied with.



The PAID program will allow employers to be proactive and get out in front of any wage violations they may discover. Under current law, employers may feel as though litigation is their only option. The PAID program provides an attractive and viable alternative. Proactive compliance can potentially eliminate significant issues in an otherwise complex field.  The effective date of the PAID program has not yet been announced, so please continue to read our law alerts to remain up-to-date.  If you have any questions, please feel free to contact David Gabor, head of The Wagner Law Group's employment law department.




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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.