News & Analysis as of

Employer Responsibilities Department of Labor (DOL) Enforcement Actions

Jackson Lewis P.C.

DOL Resurrects PAID Program: Employers Can Self-Report, Resolve Violations

Jackson Lewis P.C. on

The Department of Labor’s Wage and Hour Division (WHD) has relaunched its voluntary Payroll Audit Independent Determination (PAID) program, the agency announced July 24, 2025. The PAID program is an opportunity for employers...more

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

Kerr Russell on

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

Constangy, Brooks, Smith & Prophete, LLP

Mid-Year Labor & Employment Law Update: Key Developments and Compliance Strategies

Recent Supreme Court decisions, bold agency actions, and executive orders from the current administration are creating fresh compliance challenges for employers in 2025. Staying ahead of these changes is critical to...more

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

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...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

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

Epstein Becker & Green

DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we discuss the U.S. Department of Labor’s (DOL’s) plan to eliminate the Office of Federal Contract Compliance Programs (OFCCP) and the DOL’s new opinion letter program. On May 30, 2025, the DOL moved to eliminate...more

McAfee & Taft

No such thing as a free lunch (break): Don’t let unclear policies cost you

McAfee & Taft on

Earlier this year, the U.S. Department of Labor filed a lawsuit against a healthcare management company for alleged violations of the Fair Labor Standards Act. The lawsuit claimed that the company improperly deducted 30...more

Fisher Phillips

Knowledge Is POWER: Here’s How Philadelphia Businesses Can Comply With The City’s New Employment Protections

Fisher Phillips on

Philadelphia employers now face more investigations and stiffer punishment under a new law the mayor approved last week. The POWER Act, signed on May 27 and taking effect immediately, adds sweeping worker protections...more

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more

Jackson Lewis P.C.

A Bit of Mental Health Parity Relief for Employers Sponsoring Group Health Plans

Jackson Lewis P.C. on

The Department of Labor (DOL), together with the Departments of Treasury and Health and Human Services) have decided to suspend enforcement of certain provisions of the nonquantitative treatment limitations (NQTL) final...more

Amundsen Davis LLC

DOL’s Announcement Pausing Enforcement of 2024 Independent Contractor Rule Signals Future Change to Come

Amundsen Davis LLC on

On May 1, 2025, the U.S. Department of Labor (DOL) announced it is reconsidering the 2024 Independent Contractor Rule (2024 Rule), which made it more difficult for businesses to classify independent contractors under the Fair...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Whiteford

Employment Law Update: May Day! The Department of Labor Pauses Enforcement of the Controversial Independent Contractor Rule

Whiteford on

In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on May 1st that it will no longer enforce the 2024 independent...more

Maynard Nexsen

Recent Litigation Emphasizes the Importance of Using Correct COBRA Notices

Maynard Nexsen on

In Marrow v. E.R. Carpenter Co., Inc., a former employee filed a proposed class action lawsuit against her employer, claiming that the company’s group health plan failed to provide a proper COBRA election notice. The employee...more

Jackson Lewis P.C.

Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation

Jackson Lewis P.C. on

Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025. ODRISA requires...more

Ballard Spahr LLP

Labor Leadership Takes an Expected (and Unexpected) Change

Ballard Spahr LLP on

One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL)....more

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