News & Analysis as of

Department of Labor (DOL) Civil Monetary Penalty

Fisher Phillips

Farm Employers Score Major Win in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision

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A federal appeals court just ruled that the Department of Labor’s administrative system for imposing civil penalties on agricultural employers for H-2A violations is unconstitutional, handing businesses across all industries...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

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The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

King & Spalding

Ten-Year Statute of Limitations for Sanctions Violations Update

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As discussed in our May 7, 2024 alert, on April 24, 2024, President Biden signed into law a foreign military support package (i.e., H.R. 815), which included a provision doubling the statute of limitations (“SOL”) from five...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for July 2024

SEC Loses in ALJ Case, DOL’s Latest Fiduciary Rule Put on Hold, and SEC Reconsiders AI and Custody Rule Proposals - Welcome to our July Regulatory Roundup, where we provide a quick look at the latest regulatory developments....more

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

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

Venable LLP

Employers Face Increased Risk of OSHA Violations

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The Department of Labor recently published the Solicitor of Labor’s (SOL) 2023 Enforcement Report, which provides insight into the Department’s initiatives and enforcement priorities for 2024.  ...more

Hendershot Cowart P.C.

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more

Hahn Loeser & Parks LLP

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

Bricker Graydon LLP

2024 Inflation Adjustment to DOL Penalties

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The Department of Labor recently announced the 2024 inflation adjustments for ERISA-related penalties applicable to health and welfare and retirement plans. Applicable penalties increased for 2024 as follows...more

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

CDF Labor Law LLP on

On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

Fisher Phillips

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

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Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more

Fox Rothschild LLP

USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of...

Fox Rothschild LLP on

The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

McAfee & Taft

For the wages of sin is ... $145,000?

McAfee & Taft on

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more

Fox Rothschild LLP

Inflation Juices Annual Increases in US Department of Labor Civil Monetary Penalties

Fox Rothschild LLP on

It’s not only the cost of eggs that is increasing. The U.S. Department of Labor (DOL) has published in the Federal Register the annual increases in civil money penalties required by the Federal Civil Penalties Inflation...more

Fox Rothschild LLP

DOL Proposes New Worker-Friendly Independent Contractor Rule

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) released a proposed rule on October 11, 2022, that could change whether a worker is determined to be an employee or an independent contractor under the Fair Labor Standards Act (FLSA). If...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Westport, Massachusetts, Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and A & E Metal Recycling and Packaging, Inc. (“A & E”) entered into a June 21st Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Pennsylvania Chemical Production Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Sasol Chemicals (USA) LLC (“Sasol”) entered into a June 23rd Consent Agreement (“CA”) addressing an alleged violation of the Comprehensive Environmental Response,...more

McDermott Will & Schulte

Inflation and ERISA Penalties: Hand in Hand for 2022

2022 INFLATION-ADJUSTED PENALTIES ANNOUNCED BY THE DEPARTMENT OF LABOR - The Federal Civil Penalties Inflation Adjustment Act of 2015 directs the US Department of Labor (DOL) to make annual inflation adjustments to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection/Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency and Michigan Well Operator Enter...

The United States Environmental Protection Agency (“EPA”) and Lambda Energy Resources, LLC (“Lambda”) entered into a Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Safe Drinking Water Act...more

CDF Labor Law LLP

[Webinar] What’s Happening At The NLRB - The Biden Agency That Unionized & Non-Unionized Employers Need To Be Most Focused On In...

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When it comes to federal agencies, the NLRB is becoming the center of federal workplace law. The NLRB is moving forward with a very aggressive agenda. As Congress deadlocks on almost every key issue, the DOL is still waiting...more

Fisher Phillips

Is Your Tip Credit A Ticking Time Bomb? An Employer’s 10-Step Wage and Hour Action Plan for 2022

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With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more

Constangy, Brooks, Smith & Prophete, LLP

Insult To Injury

If you weren’t already concerned about the rate of inflation, its effect has produced another blow in the OSHA world. Under the terms of the 2015 Inflation Adjustment Act, the U.S. Department of Labor has once again made the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Warren, Ohio, Paint/Coatings Manufacturing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and PPG Industries, Inc. (“PPG”) entered into a December 29th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Ohio Hazardous Waste...more

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