News & Analysis as of

Enforcement Actions Federal Labor Laws

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

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

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

Conn Maciel Carey LLP

Don’t Get Caught Off Guard: OSHA Renews Its Machine Safety (Amputations) National Emphasis Program

Conn Maciel Carey LLP on

OSHA announced that it is renewing its National Emphasis Program (NEP) to Address Amputations in Manufacturing. The renewed NEP will replace the previous version which expired on June 27 and will remain in place for five...more

Cozen O'Connor

AGs Hold Fire as ATF Agrees to Keep FRTs Out of Their States

Cozen O'Connor on

A group of 16 Democratic AGs withdrew their motion for a preliminary injunction in a lawsuit challenging a decision by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redistribute thousands of previously...more

Littler

OSHA Issues Updated Penalty and Debt Collection Guidelines to Support Small Businesses and Encourage Prompt Hazard Abatement

Littler on

On July 14, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued significant updates to its penalty and debt collection guidelines, aimed at reducing burdens on small businesses and incentivizing swift...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

Ballard Spahr LLP on

The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...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

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

Foley & Lardner LLP on

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Dickinson Wright

Who’s the Boss? Understanding Joint Employment Under the NLRA

Dickinson Wright on

Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is...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

Robinson+Cole Environmental Law +

Navigating OSHA’s Updated Inspection Strategy

In May 2025, the Occupational Safety and Health Administration (OHSA) released an updated Site-Specific Targeting (SST) Inspection Program directive. The SST Inspection Program is OSHA’s main site-specific programmed...more

Burr & Forman

OSHA in 2025: Key Updates and What Employers Should Know

Burr & Forman on

Workplace safety initiatives continue to evolve amid the shifting political landscape and regulatory priorities. The Occupational Safety and Health Administration (OSHA) remains a central player in ensuring worker protection,...more

Whiteford

Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees

Whiteford on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed...more

Bradley Arant Boult Cummings LLP

Take it Back – A Federal Court in Texas Vacates Portions of the EEOC’s Sexual Harassment Guidance  

Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more

Vorys, Sater, Seymour and Pease LLP

What President Trump’s “English-Only” Executive Orders Mean for Employers Nationwide

On March 1, 2025, President Trump signed Executive Order 14224 designating English as the official language of the United States. Framed as a step toward national cohesion, the Order revoked a Clinton-era directive...more

Whiteford

Employment Law Update: May 15 Disparate Impact Executive Order

Whiteford on

An Executive Order signed on April 23, 2025, promises to significantly limit federal enforcement tools in pursuing systemic discrimination claims. The Executive Order, titled “Restoring Equality in Opportunity and...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Jackson Lewis P.C.

Safety on Set: Navigating Compliance in the Entertainment Industry

Jackson Lewis P.C. on

For businesses operating across multiple states, the complexities of workplace safety compliance can be daunting, particularly when laws and standards may vary by location. This issue is especially impactful in the dynamic...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

Jackson Lewis P.C.

OSHA Extends Heat Hazard Program: Employers Should Act Before Summer Sets In

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards (NEP) to April 8, 2026. The NEP was set to expire on April 8, 2025. This extension...more

Jackson Lewis P.C.

Mandating English Proficiency for Truck Drivers: Trump EO Shifts Policy for Transportation Industry

Jackson Lewis P.C. on

Although the English proficiency rule (49 C.F.R. 391.11(b)(2)) is part of the minimum qualifications for drivers of commercial motor vehicles operating in interstate commerce, with certain limited exceptions, it has...more

Mintz - Employment Viewpoints

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a...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

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