News & Analysis as of

Employer Liability Issues Penalties

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts employers: Proposed private attorney general act for wage-hour claims is a major concern

For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more

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

Beltway Buzz - August 2025 #3

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Womble Bond Dickinson

[Webinar] DOJ’s Civil Rights Fraud Initiative: FCA Enforcement Against DEI Programs - September 16th, 12:00 pm - 1:00 pm ET

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Join Womble Bond Dickinson attorneys Jasmine Chalashtori, Michael Clark, and Martha Zackin as they provide critical insights on how organizations across industries—not just traditional FCA defendants—may face scrutiny for...more

Fisher Phillips

Illinois No Longer Mandates Fact-Finding Conferences for Agency Charges – But Expands Penalty Options Against Employers

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Illinois lawmakers just made two critical changes to the way the state’s civil rights agency administers its key anti-bias law – no longer requiring parties to participate in a fact-finding conference in every case and...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

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

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Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Troutman Pepper Locke

Colorado AG Sues PetSmart Over TRAP Contracts

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Colorado Attorney General (AG) Phil Weiser has sued PetSmart LLC, alleging that its use of Training Repayment Agreement Provisions (TRAPs) violates state consumer protection and labor laws. The lawsuit reflects a broader...more

Fisher Phillips

Colorado’s New Wage Law Packs a Bigger Penalty Punch: 6 Things Employers Need to Know

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Employers in Colorado could face steep penalties for wage and hour violations under a new law that took effect on Aug 6. They also risk losing their license to operate if willful violations are not remedied. To avoid running...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

Littler

2025 Session of the Virginia General Assembly Roundup

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Expansion of Restrictions on Non-Compete Agreements for “Low-Wage” Employees - Virginia already prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage...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

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

Fox Rothschild LLP

Colorado Raises the Stakes for Compliance with the Colorado Wage Act

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Colorado is raising the stakes for employers when it comes to compliance obligations and increased enforcement with the enactment of House Bill 25-1001 (the Law). The Law amends the Colorado Wage Act and goes into effect...more

Hinshaw & Culbertson - Employment Law...

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for...more

Amundsen Davis LLC

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

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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

Fox Rothschild LLP

Washington State Sees Surge in Wage-and-Hour Class Actions

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Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more

Amundsen Davis LLC

Navigating Genetic Privacy Compliance: Key Steps for Employers

Amundsen Davis LLC on

Most Illinois businesses well are aware of Illinois Biometric Information Privacy Act and the hundreds of lawsuits and multimillion dollar settlements it triggered. But there’s another Illinois privacy law quietly making...more

Phelps Dunbar

DOJ Expands Whistleblower Rewards to Include Immigration Violations

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Since May 12, when the U.S. Department of Justice (DOJ) announced policy changes to the Corporate Whistleblower Awards Pilot Program (CWAP), employers now face increased scrutiny and potential risks due to the DOJ’s recent...more

Ius Laboris

Cyprus Expands Workplace Harassment Protections

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In spring this year, a new law took effect in Cyprus expanding the definition of harassment and introducing stronger protections for workers. We take a look at the new framework and the key pointers for employers....more

Nelson Mullins Riley & Scarborough LLP

Washington’s Mini WARN Act Expands Business Closing and Mass Layoff Notice Requirements

On May 13, 2025, Washington Governor Bob Ferguson signed into law a state mini-WARN Act called the “Securing Timely Notification and Benefits for Laid-Off Employees Act” (“WA-WARN Act”).  Effective July 27, 2025, employers in...more

Ballard Spahr LLP

New Philadelphia Ordinance Aims to EmPOWER Employees

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On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more

Keating Muething & Klekamp PLL

OSHA’s Updated Inspection Program: What Employers Should Know and Expect

On May 20, 2025, the Occupational Safety and Health Administration (OSHA) updated its Site-Specific Targeting (SST) inspection program. The SST inspection program is OSHA’s primary planned inspection initiative for...more

Seyfarth Shaw LLP

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

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Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

DarrowEverett LLP

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

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Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of...more

Husch Blackwell LLP

Sentence Handed Down in Minnesota’s First Felony Conviction for Criminal Wage Theft

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Last week, a Hennepin County judge sentenced an employer following a first-of-its-kind criminal conviction for wage theft in Minnesota. Since its enactment in 2019, Minnesota’s Wage Theft Prevention Act has imposed stringent...more

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