News & Analysis as of

Corporate Counsel Penalties Employer Liability Issues

Parker Poe Adams & Bernstein LLP

OSHA Changes Penalty and Collection Policies

Last month, the federal Occupational Safety and Health Administration issued updated guidance on penalty and debt collection procedures. According to OSHA, the policy revisions are intended to assist small businesses with...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Harris Beach Murtha PLLC

New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves...more

BakerHostetler

Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to...

BakerHostetler on

As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more

Foley & Lardner LLP

Employers Get Ready: I-9 Fine Increases Are Here — and More I-9 Inspections Are on the Horizon

Foley & Lardner LLP on

The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing Form I-9 (Employment Eligibility...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more

Fisher Phillips

California Raises the Stakes for Workplace Safety Compliance with New Penalties

Fisher Phillips on

Governor Newsom just signed into law a bill that could have significant ramification for California employers by extending Cal/OSHA’s scope of enforcement and creating additional penalties for employers. In particular, SB 606...more

Perkins Coie

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

Perkins Coie on

Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more

McDermott Will & Schulte

New Criminal Obligations on UK Employers and Employees

McDermott Will & Schulte on

On 24 September 2020, the Government updated its COVID-secure workplace guidance to require office workers who can work “effectively” from home to do so over the winter. Where an employer, in consultation with its employee,...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Fisher Phillips

Can You Take Me High Enough? OSHA Increases Maximum Penalties

Fisher Phillips on

The Department of Labor just published its increases to the maximum civil penalties that can be assessed against employers by federal agencies, and it includes some moderate increases in the area of workplace safety....more

Seyfarth Shaw LLP

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Fisher Phillips

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

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The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

Littler

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

Littler on

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

FordHarrison

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison on

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 1 of 24)

Alden Bianchi, Chair of the our Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and...more

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