News & Analysis as of

Employer Liability Issues Settlement Enforcement Actions

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

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

United Health is latest 401(k) forfeiture lawsuit

UnitedHealth Group is the latest big-name employer to get hit with a class action lawsuit over how it handles 401(k) forfeitures. The case, Kotalik et al. v. UnitedHealth Group Inc., accuses the company and its plan...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

Seyfarth Shaw LLP on

In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Bradley Arant Boult Cummings LLP

Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before

Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in...more

Seyfarth Shaw LLP

The Cost of Non-Compliance: Insights from IERs Settlement Agreement with Great Dane LLC

Seyfarth Shaw LLP on

On November 25, 2024, the U.S. Department of Justice (DOJ) announced a settlement with Great Dane LLC (Great Dane), a trailer manufacturing company, over allegations of discriminatory hiring practices against non-U.S....more

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

Dorsey & Whitney LLP on

SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

BakerHostetler on

Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

Lathrop GPM on

The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $30,000 to Settle EEOC Sexual Harassment Suit

Settles Federal Charges That Nationwide Retailer Permitted Hostile Work Environment For Female Employee - BIRMINGHAM, Ala. – Walmart Inc., a nationwide retailer of groceries and other goods, agreed to pay $30,000 and...more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

Ballard Spahr LLP on

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

BCLP

SEC penalizes company with good disclosures for insufficient controls

BCLP on

What happened? In a recent settlement order, the SEC charged Activision Blizzard with failing to maintain adequate disclosure controls and procedures. Notably, the SEC did not claim that the company’s SEC filings were...more

Dorsey & Whitney LLP

2023 Equal Employment Opportunity Trends in Litigation and Enforcement

Dorsey & Whitney LLP on

Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving...more

U.S. Equal Employment Opportunity Commission...

Chipotle to Pay $70,000 to Settle EEOC Sexual Harassment and Retaliation Case

Restaurant Fired Employee After She Reported Sexual Harassment, Federal Agency Charged - TAMPA, Fla. – Chipotle Services LLC, doing business as Chipotle Mexican Grill, a Mexican-style fast food chain, has agreed to pay...more

Miles & Stockbridge P.C.

Avoiding Unfair Documentary Practices in the I-9 Process

Miles & Stockbridge P.C. on

The Justice Department announced on November 10, 2020 that it signed a settlement agreement with Fleetlogix Inc. (“Fleetlogix”) resolving claims that the company discriminated against work-authorized, non-U.S. citizens by...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

U.S. Equal Employment Opportunity Commission...

Imperial Trading to Pay $140,000 to Settle EEOC Disability Discrimination Suit

Wholesale Distributor Failed to Reasonably Accommodate Workers with Disabilities, Federal Agency Charged - HOUSTON - A wholesale distributor based in Jefferson Parish, La., has agreed to pay $140,000 and provide other...more

U.S. Equal Employment Opportunity Commission...

Jackson National Life Insurance to Pay $20.5 Million to Settle EEOC Lawsuit

Jackson Tolerated Harassment, Discriminated Against Female and African American Employees in Promotions and Pay, and Retaliated Against Employees Who Complained, Federal Agency Charged - DENVER, Colo. - Jackson National...more

U.S. Equal Employment Opportunity Commission...

Cutter Mazda of Honolulu Settles EEOC Disability Discrimination Case

Company Commits to Ongoing Efforts to Hire and Recruit Deaf and Hard of Hearing Applicants - HONOLULU, Hawaii - Cutter Mazda of Honolulu ("Cutter Mazda") and the U.S. Equal Employment Opportunity Commission (EEOC) entered...more

U.S. Equal Employment Opportunity Commission...

Life Care Centers of America to Pay $170,000 to Settle EEOC Discrimination Lawsuit

Company Refused to Provide Light Duty to Pregnant Worker, Federal Agency Charged - SEATTLE - Geriatric care giant Life Care Centers of America, Inc. and its affiliate, South Hill Operations, LLC, doing business as "Life...more

U.S. Equal Employment Opportunity Commission...

United Airlines to Pay $321,000 and Fight Internet Harassment to Settle EEOC Discrimination Suit

Pilot Repeatedly Posted Sexually Explicit Photos of a Flight Attendant To Websites for Years, Federal Agency Charged - SAN ANTONIO, Texas - United Airlines, Inc., a Chicago-headquartered international airline operating in...more

U.S. Equal Employment Opportunity Commission...

Uber to Pay $4.4 Million to Resolve EEOC Sexual Harassment and Retaliation Charge

Agency Commends Employer for Working Cooperatively With the EEOC on Harassment Prevention and Accountability - SAN FRANCISCO - Uber Technologies, Inc. has entered into a nationwide agreement to strengthen its business...more

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