News & Analysis as of

Employer Liability Issues New Guidance

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

Bradley Arant Boult Cummings LLP

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

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

Fisher Phillips

DOL Provides Long-Awaited Damages Relief to Employers in Wage and Hour Investigations: 3 Top Takeaways

Fisher Phillips on

The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

Seyfarth Shaw LLP on

After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

Blank Rome LLP on

The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

Littler on

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

Steptoe & Johnson PLLC on

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated CHNV Program Following SCOTUS Decision

Jackson Lewis P.C. on

USCIS has issued updated guidance following the U.S. Supreme Court’s May 30, 2025, decision to grant DHS’s request to lift an April 14 U.S. district court order halting the Department’s termination of the CHNV program. With...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated Venezuela TPS Following SCOTUS Decision

Jackson Lewis P.C. on

USCIS has issued updated guidance following the U.S. Supreme Court’s May 19, 2025, decision to grant the Justice Department’s emergency request to lift a March 31 California district court order halting DHS’s termination of...more

Seyfarth Shaw LLP

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

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A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May...more

Parker Poe Adams & Bernstein LLP

Department of Transportation English Proficiency Guidance Takes Effect in Late June

Last month, President Donald Trump signed an executive order directing the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) to begin enforcement of English language proficiency (ELP)...more

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Seyfarth Shaw LLP on

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Seyfarth Shaw LLP

SCOTUS Unravels 2023 TPS for Venezuela: Employers Await USCIS Guidance

Seyfarth Shaw LLP on

In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more

Seyfarth Shaw LLP

EEOC Opens 2024 EEO-1 Filing Portal: Employers Urged to Begin Preparation

Seyfarth Shaw LLP on

Yesterday, the EEOC opened the Online Filing System (OFS) for the 2024 EEO-1 Component 1 data collection process. Covered employers have until June 24, 2025 to complete their submission....more

A&O Shearman

UK Pensions: What’s new this week? May 12, 2025

A&O Shearman on

Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. TPR guidance on handling market volatility - The Pensions...more

K&L Gates LLP

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

K&L Gates LLP on

On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Brooks Pierce

USCIS Announces Minor, but Important, Form I-9 and E-Verify Updates

Brooks Pierce on

What is Form I-9? Employers use Form I-9 to review and verify that every new employee is authorized to work in the United States. Employers must examine and verify documents that show a newly hired employee’s identity and...more

Bass, Berry & Sims PLC

IRS Guidance Regarding ACA Employer Information Reporting Requirements

Bass, Berry & Sims PLC on

As announced in our previous HR Law Talk blog post, the Paperwork Burden Reduction Act (PBRA) made important changes to employers’ responsibilities to furnish information to employees under the Affordable Care Act (ACA). As...more

Buckingham, Doolittle & Burroughs, LLC

IRS Issues Guidance Simplifying Income Tax Compliance Related to the Employee Retention Credit

The IRS recently released new FAQ guidance providing a simplified procedure for addressing income tax amendments and refund claims related to Employee Retention Credit (ERC) determinations. See IRS FAQs. Taxpayers claiming...more

Ballard Spahr LLP

IRS Changes Course on Income Tax Impact of Employee Retention Credit

Ballard Spahr LLP on

On March 20, 2025, the IRS updated its guidance to employers that claimed the employee retention credit (ERC). The updated guidance materially differs from prior IRS guidance of how and when employers should report the income...more

Gibney Anthony & Flaherty, LLP

What Student Visa Holders and Employers Need to Know About Recent Student Visa Rescissions and Increased Scrutiny

The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. Some F-1 visas and SEVIS records have been rescinded or...more

Jackson Lewis P.C.

USCIS Provides Updated Guidance on Venezuela TPS After Court Intervention

Jackson Lewis P.C. on

USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro...more

Mayer Brown

UK: Pensions – Updated Guidance on Employer Covenant Assessment

Mayer Brown on

AT A GLANCE - A new funding regime for defined benefit pension schemes in the United Kingdom came into force in September 2024. The new regime introduces a legal requirement for trustees to assess the strength of the...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

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