News & Analysis as of

Department of Labor (DOL) Enforcement

Jenner & Block

Recent OSHA Activity Provides Additional Mitigation Opportunities to Employers

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Recent actions by the Occupational Safety and Health Administration may provide employers additional opportunities for penalty and enforcement relief. On July 14, 2025, the U.S. Department of Labor updated OSHA penalty...more

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Perkins Coie

DOL to No Longer Seek Pre-litigation Liquidated Damages

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The U.S. Department of Labor (DOL) announced in a field assistance bulletin that it will no longer seek liquidated damages in its wage and hour investigations.  This change, effective immediately, marks a significant...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

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Fisher Phillips

New OFCCP Directive Revives Disability and Veteran Enforcement – 5 Steps Federal Contractors Should Consider Now

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The Department of Labor just gave the green light for federal contractor audits and investigations involving disability and veteran bias to resume immediately. While affirmative action obligations based on race, sex, and...more

FordHarrison

DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities

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On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts...more

Fisher Phillips

DOL Suspends Enforcement of Embattled "Farmworker Protection" Rule: What Does it Mean For Agricultural Employers?

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Federal officials announced late Friday they were suspending enforcement of what it called “the Biden Administration’s burdensome 2024 farmworker rule,” effective immediately – news that should provide a measure of relief to...more

Conn Maciel Carey LLP

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

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The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...more

Jackson Lewis P.C.

Nebraska’s New Sick Leave Law Explained

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On June 4, 2025, Nebraska Governor Jim Pillen signed LB415, which amends the Nebraska Healthy Workplaces and Families Act (“HWFA”). Initially passed via ballot initiative in November 2024, the HWFA mandates paid sick leave...more

Littler

Policy Week in Review – June 2025

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U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Constangy, Brooks, Smith & Prophete, LLP

Will the OFCCP be relegated to the dustbin of history?

DOL proposes to eliminate agency. The U.S. Department of Labor released its proposed budget for Fiscal Year 2026, which runs from October 1, 2025 through September 30, 2026. The budget proposal is the agency’s request to...more

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

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On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Poyner Spruill LLP

DOL Enforcement Guidance Underscores Favorable Shift for Contractor Classifications

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On May 1, 2025, the United States Department of Labor (“DOL”) published the first Field Assistance Bulletin of the year providing guidance to Wage and Hour Division (“WHD”) field staff regarding the proper analysis to apply...more

Jackson Lewis P.C.

Businesses Get a Break: DOL Won’t Enforce 2024 Independent Contractor Rule

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The U.S. Department of Labor (DOL) will no longer apply the 2024 independent contractor final rule when analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The...more

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

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The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Littler

USERRA Protections Broadened by Dole Act

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On January 2, 2025, then-President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act), a bipartisan bill that expands healthcare and other benefits for...more

Constangy, Brooks, Smith & Prophete, LLP

Another new Director named for OFCCP

OFCCP has had three heads in the first three months of 2025. Catherine Eschbach, a lawyer formerly with Morgan, Lewis & Bockius LLP, is the newly appointed Director of the Office of Federal Contract Compliance Programs. In...more

Jackson Lewis P.C.

Catherine Eschbach Appointed as New OFCCP Director

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The U.S. Department of Labor has announced that Catherine Eschbach will be the new Director of OFCCP, taking over for Acting Director Michael Schloss. Director Eschbach comes from private practice as an Appellate attorney at...more

Mintz - Employment Viewpoints

Impact of DEI-Related Executive Orders on Disclosures in Recent Public Company Annual Reports

President Trump’s executive orders aimed at Diversity, Equity and Inclusion (DEI) programs and policies, including the executive order titled “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (Executive...more

Harris Beach Murtha PLLC

Top Ten Tips for I-9 Compliance

It is widely expected that enforcement of immigration status and work authorization at the employer level will be a top priority of the federal government over the next four years. On-site visits and audits by agencies,...more

Faegre Drinker Biddle & Reath LLP

Things I Worry About (9): FINRA Enforcement and Senior Investors

Among other things, FINRA is focusing on services and recommendations by broker-dealers and their registered representatives to retirees, senior investors and investors with diminished capacity. The Report has one part...more

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more

Verrill

DOL Announces Temporary Enforcement Policy Regarding Transfer of Small Retirement Benefit Payments of Missing Participants to...

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Retirement plan fiduciaries have a new option for handling small benefit payments owed to missing participants and beneficiaries thanks to a temporary enforcement policy announced by the Department of Labor (“DOL”) earlier...more

Fisher Phillips

Feds Halt All Affirmative Action Enforcement Activity: What Federal Contractors Need to Know

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Just days after President Trump issued an executive order dismantling the race and gender affirmative action obligations that have applied to federal contractors since the 1960s, the Labor Department announced on Friday that...more

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