News & Analysis as of

Employer Liability Issues Labor Regulations Penalties

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Amundsen Davis LLC

Illinois Prevailing Wage Update: Failure to Timely File a Certified Payroll Means Individual Liability, Debarment, and Financial...

Amundsen Davis LLC on

The Illinois Prevailing Wage Act (IPWA) is a union-backed law that places enormous burdens on construction contractors, developers, property owners, and public bodies throughout Illinois. It’s extraordinarily confusing,...more

Sheppard Mullin Richter & Hampton LLP

PAGA Reimagined: A New Chapter for California’s Employers and Employees

On June 18, 2024, California Governor Gavin Newsom, Senate President pro Tempore Mike McGuire and Assembly Speaker Robert Rivas announced a tentative deal to reform a number of aspects of California’s Private Attorneys...more

Perkins Coie

Minimum Wage Increase and Other New Requirements for Renton Employers

Perkins Coie on

The city of Renton, Washington, finalized rules to implement Initiative 23-02 on May 31, 2024. The initiative was approved by Renton voters in February 2024 and codified within Chapter 5-28 and Section 5-5-4 of the Renton...more

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

ArentFox Schiff on

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

Proskauer - Labor Relations Update

While Democrats Whittle Down Pro-Labor Provisions Of Social Spending Bill, Civil Penalties Remain

As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...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

Franczek P.C.

Illinois More than Doubles Penalties for Wage & Hour Violations

Franczek P.C. on

Wage and hour violations in Illinois just got a lot more expensive. On Friday, July 9, 2021, Governor Pritzker signed an amendment to the Illinois Wage Payment and Collection Act that increases the penalty for underpaying...more

Sheppard Mullin Richter & Hampton LLP

New Year, New Rules: The District of Columbia’s New Ban on Non-Compete Agreements

On January 11, 2021, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, once effective, will be one of the broadest bans on non-compete agreements in the country. ...more

Epstein Becker & Green

#WorkforceWednesday: OSHA Issues COVID-19 Citations, Michigan Enacts Liability Shield, and States Battle for Telecommuter Taxes -...

Epstein Becker & Green on

It’s #WorkforceWednesday! This week, workplace safety and liability issues are top of mind while employers also look ahead to the tax issues telecommuting will cause this tax season. OSHA Issues Citations for COVID-19...more

Seyfarth Shaw LLP

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE #2:  On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

Morgan Lewis on

Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more

Littler

Maryland Enacts a Statewide “Ban-the-Box” Law

Littler on

During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it...more

Seyfarth Shaw LLP

St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more

Hogan Lovells

“WARN”ing to New Jersey Employers: NJ WARN Act Dramatically Expanded

Hogan Lovells on

Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach.  Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more

Littler

St. Louis Enacts Ban-the-Box Ordinance Applicable to Private Employers

Littler on

The City of St. Louis, Missouri enacted a ban-the-box ordinance prohibiting employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence. The ordinance will...more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

Littler on

Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

Troutman Pepper Locke

Slate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

Troutman Pepper Locke on

January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Seyfarth Shaw LLP

New Jersey Strengthens Enforcement Tools to Crack Down on Independent Contractor Misclassification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more

Seyfarth Shaw LLP

UPDATE: New NJ WARN Act Signed into Law "THOU SHALL NOT LEAVE"—A New Jersey Bill Awaiting Signature By the Governor Would...

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UPDATE: On January 21, 2020, the Governor of New Jersey signed Senate Bill 3170 into law, pushing state law far past the corresponding federal requirements of the WARN Act. Governor Phil Murphy issued an omnibus press release...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

Seyfarth Shaw LLP

“THOU SHALL NOT LEAVE”—A New Jersey Bill Awaiting Signature By the Governor Would Dramatically Re-Write Existing Mass Layoff Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, January 13, 2020, the New Jersey state legislature passed Senate Bill 3170 which, if signed by the Governor, would result in sweeping changes to what was once a mass layoff notification statute...more

Ballard Spahr LLP

Paid Sick Leave is Coming to Pittsburgh

Ballard Spahr LLP on

On July 17, 2019, the Pennsylvania Supreme Court held that the City of Pittsburgh’s Paid Sick Days Act (PSDA)—a 2015 ordinance that required businesses to provide paid sick leave to workers in the City—is valid....more

Herbert Smith Freehills Kramer

New York State Bans Discrimination and Retaliation Based on Reproductive Health Decision Making and Requires Immediate Changes to...

On Nov. 8, 2019, New York State Governor Andrew Cuomo signed into law an amendment to the New York Labor Law, which is effective immediately and prohibits employers from discriminating or retaliating against employees based...more

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