News & Analysis as of

Department of Labor (DOL) Wage and Hour Penalties

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

Kerr Russell on

Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...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

Epstein Becker & Green

New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers

Epstein Becker & Green on

On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)....more

Jackson Lewis P.C.

Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation

Jackson Lewis P.C. on

Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025. ODRISA requires...more

ArentFox Schiff

Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

ArentFox Schiff on

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week....more

ArentFox Schiff

Couture Compliance? The Fashion Workers Act Imposes New Labor Protections for Industry Workers

ArentFox Schiff on

On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and...more

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

FordHarrison on

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Husch Blackwell LLP

Paid Sick Leave for Nebraskans Required in 2025

Husch Blackwell LLP on

In the November 2024 election, Nebraska voters passed Initiative 436, also known as the Nebraska Healthy Families and Workplace Act. This law mandates paid sick leave for most employees in the state and takes effect October...more

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

Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures

In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations....more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

Jaburg Wilk on

The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Jackson Lewis P.C.

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

Jackson Lewis P.C. on

Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act...more

Pillsbury Winthrop Shaw Pittman LLP

Broadcasters and Other Media Employers Must Navigate the New 2024 Overtime Requirements

On April 23, 2024, the U.S. Department of Labor published final regulations under the Fair Labor Standards Act (“FLSA”) that ultimately raise the minimum salary necessary to be exempt from federal overtime rules by 65%. These...more

BakerHostetler

The Department of Labor Has Your Business in Its Sights: Act Now to Prevent Costly Penalties Later

BakerHostetler on

President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more

Seyfarth Shaw LLP

Child Labor Law Penalties on the Rise – Employers Face Various Avenues to Increased Exposure

Seyfarth Shaw LLP on

Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties...more

Perkins Coie

Illinois Joins the Growing List of States With New Pay Transparency Laws

Perkins Coie on

Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January...more

King & Spalding

IRS Proposed Regulations and DOL Guidance Clarify Certain Aspects of the Prevailing Wage and Apprenticeship Requirements

King & Spalding on

The U.S. Department of Treasury (“Treasury”) and IRS issued proposed regulations (“Proposed Regulations”) on August 29, 2023, regarding increased credit or deduction amounts available under the Inflation Reduction Act of 2022...more

Foley & Lardner LLP

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

Foley & Lardner LLP on

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies. While employment of certain minors is permitted under federal...more

Perkins Coie

Washington State Releases Guidance on New Job Posting Requirements

Perkins Coie on

In April 2022, we wrote about the upcoming amendments to Washington's Equal Pay and Opportunity Act (EPOA). The EPOA amendments require most employers who engage in business in Washington state to include pay ranges and...more

Sheppard Mullin Richter & Hampton LLP

Inflation Reduction Act: Wage and Apprenticeship Requirements

President Joe Biden signed into law the Inflation Reduction Act of 2022 (“HR 5376”) (the “IRA” or the “Act”), on August 16, 2022. There are numerous tax credits in the legislation that intend to facilitate access to...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

Woods Rogers on

If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Franczek P.C.

New DOL Rule Adds Civil Penalties for Taking Employee Tips

Franczek P.C. on

In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Employers Take Note: Requirements For Wage Payment Have Been Updated

The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

As detailed previously, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours...more

Fisher Phillips

Hiring Under-18 Workers This Summer?

Fisher Phillips on

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

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