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Employer Liability Issues Criminal Liability

Ius Laboris

No Room for Silence: Tackling Hate at Work

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Employers in Poland have a duty to uphold employee dignity and maintain an ethical work environment. Tolerating discriminatory behaviour at work violates those obligations. Not only could this be reputationally damaging, but...more

Fisher Phillips

The Surprising Ways Your Company Can Be Liable for Human Trafficking – And 4 Steps to Minimize Dangers

Fisher Phillips on

The phrase alone – human trafficking – is enough to stir outrage, discomfort, or disbelief. What many employers may not realize, however, is that you do not have to be a “trafficker” to be held liable for trafficking....more

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

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“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...more

Holland & Knight LLP

Podcast - The Law as a Force for Change

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and...more

Holland & Knight LLP

IRS and ICE Memorandum of Understanding Will Drive Tax Payroll Audits and Investigations

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In a lawsuit filed by not-for-profit corporations serving Latino immigrants against the U.S. Secretary of the Treasury and IRS, court filings have revealed that the IRS and U.S. Department of Homeland Security (DHS), acting...more

Jackson Walker

DOJ Enforcing Criminal Penalties When Employers Fail to Comply

Jackson Walker on

The Department of Justice (DOJ) has issued a memo indicating a significant policy shift to prioritize immigration enforcement and expand the use of criminal statutes to address illegal immigration. The DOJ will support the...more

Bennett Jones LLP

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

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On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to...more

Husch Blackwell LLP

Employers Beware: The Scope of Responsibility for Workplace Shootings Is Widening

Husch Blackwell LLP on

In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal...more

Seyfarth Shaw LLP

Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

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Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

Epstein Becker & Green on

As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more

Bowditch & Dewey

Rhode Island Employers Take Note – New Penalties for Wage & Hour Violations Begin January 1, 2024

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As of January 1, 2024, a new amendment to the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (the “Wage Act”) will impose criminal liability for certain wage and hour violations by Rhode Island...more

Littler

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Littler on

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony.  Should an...more

Benesch

New Legislation Introduced to Protect and Expand Employee Rights and Benefits in New York

Benesch on

On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”...more

BakerHostetler

Wage & Hour Criminality: Wage Theft Now Constitutes Larceny In New York

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Last week, Governor Kathy Hochul signed legislation amending the New York Penal Law in order to allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, employers who...more

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

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Fisher Phillips

A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers

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Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more

Littler

New York City D.A. Wants to Prosecute Wage Theft as a Crime

Littler on

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2025

Oberheiden P.C. on

U.S. Immigration and Customs Enforcement (ICE) aggressively executes its mission “to protect America from the cross-border crime and illegal immigration that threaten national security and public safety.” With both political...more

Benesch

California and Colorado Among Jurisdictions Increasing Wage Violation Enforcement

Benesch on

In 2023, several jurisdictions aim to increase enforcement of wage violations. Unsurprisingly, California took the lead when Governor Newsom proposed a budget increase for California’s workplace enforcement agency....more

Fisher Phillips

WhatsApp Messages May Be Gone But Never Forgotten – At Least Not By the DOJ: Your Company’s 6-Step Action Plan

Fisher Phillips on

When your employees go “off-grid” and use unauthorized third-party messaging applications that fall beyond typical email and texting – like the self-destructing WhatsApp messages – they put you at increasing risk of scrutiny...more

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

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

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The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

Miles & Stockbridge P.C.

Weighing Employers’ Strategies for Employee Benefits in a Post Roe World

As is now well known both in and outside of the legal community, the Supreme Court of the United States recently decided Dobbs v. Jackson Women’s Health Organization, where the Court analyzed a Mississippi law that restricted...more

White & Case LLP

UK Pensions Regulator's new criminal powers are a wake-up call to companies planning corporate transactions

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The UK Pensions Regulator is gaining stronger powers, which will have a significant impact on companies undertaking activities such as M&A, secured borrowing, and restructuring. Following best practice and thinking ahead have...more

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