News & Analysis as of

Employer Liability Issues Civil Monetary Penalty Wage and Hour

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...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

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...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

Littler

México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2024

Littler on

El 9 de enero de 2024, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrarán en vigor el 1 de febrero de 2024, de acuerdo...more

Littler

Mexico: Increase to the UMA Value Announced for 2024

Littler on

On January 9, 2024, the National Institute of Statistics and Geography (INEGI by its acronym in Spanish) published the new values for the Measurement and Updating Unit (Unidad de Medida y Actualización or UMA) that will take...more

Jackson Lewis P.C.

Columbus, Ohio, Bans Inquiries Into Applicants’ Salary History

Jackson Lewis P.C. on

The City of Columbus joins Toledo and Cincinnati as the latest Ohio city to prohibit employers from asking prospective employees about past compensation. Effective March 1, 2024, employers operating in Columbus may not ask...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...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

Fisher Phillips

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

Fisher Phillips on

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

Weintraub Tobin

California Court of Appeal Holds that Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

Weintraub Tobin on

California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code,...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more

Fisher Phillips

Feds Now Have Broader Authority to Assess Monetary Penalties for Tip Violations

Fisher Phillips on

Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more

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

DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips

Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards...more

Quarles & Brady LLP

New DOL Tip Credit Rule Clarifies When Managers can Keep Tips and Lays Hefty Fines for FLSA Violations

Quarles & Brady LLP on

On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Littler

Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

Littler on

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s...more

Ballard Spahr LLP

USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations

Ballard Spahr LLP on

On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more

Jackson Lewis P.C.

DOL Adopts Portions Of Tipped Regulations Final Rule, Proposes Further Delay Of Other Portions

Jackson Lewis P.C. on

While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of...more

CDF Labor Law LLP

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

CDF Labor Law LLP on

On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Fisher Phillips

Labor Department Loosens Tip Pool Rules For Hospitality Employers

Fisher Phillips on

The U.S. Department of Labor issued a long-awaited final rule right before Christmas addressing the issue of tipped employees. The final rule, released on December 22 but not effective until February 20, 2021, provides...more

Genova Burns LLC

All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections

Genova Burns LLC on

On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more

Vedder Price

2020 California Employment Law Roundup

Vedder Price on

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide