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Employer Liability Issues Department of Labor (DOL)

Littler

Policy Week in Review – September 2025

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Trump Administration Releases Spring Unified Agenda of Regulatory and Deregulatory Actions On September 4, 2025, the administration released its long-awaited 2025 Spring Regulatory Agenda, which lists the aspirational...more

Whiteford

Employment Law Update: U.S. Department of Labor Unveils Its Regulatory Agenda

Whiteford on

Employers around the country may have breathed a sigh of relief upon learning of the DOL’s regulatory agenda released yesterday. Claiming to put “American Workers, Businesses First…,” the DOL confirms it will be undoing...more

Hogan Lovells

Global guide: Independent contractors, potential misclassification issues, and labor implications

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In today's labor market, classifying workers as employees or independent contractors is crucial, especially in diverse legal landscapes like the U.S., the UK, Spain, Germany, Mexico, the Netherlands, Italy and France. ...more

Cooley LLP

AI in the Workplace: US Legal Developments

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Recent federal, state and litigation developments in artificial intelligence (AI) use in the workplace highlight the growing tension between fostering innovation and safeguarding against discrimination and other harms arising...more

Parker Poe Adams & Bernstein LLP

OSHA Changes Penalty and Collection Policies

Last month, the federal Occupational Safety and Health Administration issued updated guidance on penalty and debt collection procedures. According to OSHA, the policy revisions are intended to assist small businesses with...more

Conn Maciel Carey LLP

[Event] In-Person Breakfast Briefing: Wage & Hour Update - September 17th, Washington, DC

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Navigating wage and hour compliance is more complex than ever. This complimentary, interactive in-person briefing goes beyond the basics to explore the real-world challenges employers are facing today. Led by our dedicated...more

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

DOL Resurrects PAID Program to Supervise Employers’ Self-Audits and Settlements of Potential FLSA and FMLA Violations

On July 24, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it would once again oversee the Payroll Audit Independent Determination (PAID) program, allowing employers to self-report...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

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Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Poyner Spruill LLP

US Department of Labor Brings Back Self Audit Settlement Option for Employers

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In late July, the US Department of Labor (USDOL) announced that it was reinstating the Payroll Audit Independent Determination (PAID) Program to allow employers to correct FLSA and FMLA mistakes in a supervised audit....more

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

DOL/VETS SALUTE Program for USERRA Compliance: Considerations for Employers

On July 24, 2025, the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS) launched a program for employers to seek guidance for ensuring compliance with the Uniformed Services Employment and...more

Jackson Lewis P.C.

DOL Resurrects PAID Program: Employers Can Self-Report, Resolve Violations

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The Department of Labor’s Wage and Hour Division (WHD) has relaunched its voluntary Payroll Audit Independent Determination (PAID) program, the agency announced July 24, 2025. The PAID program is an opportunity for employers...more

Cranfill Sumner LLP

DOL Ceases Enforcement of Liquidated Damages in FLSA Investigations

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The Federal Fair Labor Standards Act (“FLSA”) is a federal law that establishes a standard minimum wage and overtime pay for eligible employees.  The FLSA also provides that employers who violate its requirements can be held...more

Kerr Russell

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

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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

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

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

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

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

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

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The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more

Holland & Knight LLP

Department of Labor Weighs in on 401(k) Forfeiture Class Actions

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Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Polsinelli

DOL Ends “Double” Damages in Pre-Litigation FLSA Cases

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What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more

Fisher Phillips

OSHA Slashes Penalties for Small Employers and Quick Fixers: What You Can Do to Benefit From Latest Change

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The U.S. Department of Labor just overhauled OSHA’s penalty guidelines to give small employers and safety-conscious businesses a financial break. Effective immediately, the new policy: - significantly increases penalty...more

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

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The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more

Fisher Phillips

Agricultural Employers’ Compliance Cheat Sheet: Summer 2025

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Managing a farm workforce can be a heavy lift. Agricultural employers must keep up with farm labor laws and workplace regulations that seem to constantly change, so we created this zero-waste resource for ag professionals and...more

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