Employer Liability Issues, Liquidated Damages, Employer Responsibilities

Six Protections if You Win a USERRA Case

Jaburg Wilk on 8/26/2025

If you’ve served in the military and faced problems at work because of your service—like being denied a job, promotion, or your old position back after deployment—you may have legal rights under the Uniformed Services...more

Employer’s Ignorance of the Law is Not a Good Faith Defense for Failing to Pay Minimum Wages, California Supreme Court Says

CDF Labor Law LLP on 8/25/2025

Last week, in Iloff v. LaPaille, the California Supreme Court made clear the burden on employers when asserting a good faith defense to avoid paying liquidated damages for violations of minimum wage laws. In its long-awaited...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/14/2025

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

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

Constangy, Brooks, Smith & Prophete, LLP on 7/28/2025

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

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

Jackson Lewis P.C. on 7/9/2025

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

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

Bradley Arant Boult Cummings LLP on 7/3/2025

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

May Tip of the Month: New York Eases Penalties for First-Time Pay Frequency Violations

Perkins Coie on 5/30/2025

On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more

Employer Liability Issues › Liquidated Damages › Employer Responsibilities