"Change" was the buzzword of the 2008 Presidential
Campaign, and, at least in the workplace, "change" is
actually anticipated. The incoming president, by all appearances,
holds dramatically different views on many issues than does the
outgoing president. The Department of Labor's regulation of
American wage practices and workplace safety seem to have been
targeted for" change" early on – and in a
direction not likely to provide economically battered employers
with any relief.
Two Department of Labor ("DOL") enforcement arms that
directly may impact business operations under the Obama
Administration are the Wage and Hour Division ("WHD") and
the Occupational Safety and Health Administration
("OSHA"). It is likely that the WHD, using its
investigative and litigation authority, will scrutinize the manner
in which business classifies and pays workers to an extent not seen
in nearly three decades. It also is expected that OSHA will pursue
increased penalties more
