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Enforcement Actions Penalties Employer Liability Issues

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

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

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

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

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

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

Bricker Graydon LLP

Knock Knock, Who's There? OSHA Inspector!

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Effective January 2025, the Occupational Safety and Health Administration (OSHA) hiked the maximum fines for workplace safety violations. As an example, the maximum fine for a “serious” violation is now $16,550 per violation,...more

Keating Muething & Klekamp PLL

ICE Raids and Audits – What’s an Employer to Do

Immigration enforcement by United States Immigration and Customs Enforcement (ICE) has recently increased. Taking a proactive approach could help employers prepare to face immigration enforcement actions, such as raids or I-9...more

Rivkin Radler LLP

Observations on Charities, Taxes, and Cash Flow

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Few provisions of the Code have a single, clear meaning that leaves no room for interpretation. Even many of those that, on the surface, appear fairly straightforward, are usually open to alternative “understandings.”...more

Littler

Intentional Wage Theft Now Criminalized in New Zealand

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Following the introduction of a similar reform in Australia in January, New Zealand has now criminalized intentional wage theft by employers. As “intentional wage theft” doesn’t come with a specific legal definition under the...more

Tucker Arensberg, P.C.

Employer Liability of the Hiring and Retention for Illegal Alien Employees

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It is no secret since taking office for the second time, President Trump and his administration have leveled their crosshairs at the immigration policies and protections put in place by the Biden administration. The news is...more

Kohrman Jackson & Krantz LLP

OSHA Penalties Increasing in 2025: What Employers Need to Know

Last week, the U.S. Department of Labor published its listing of annual increases for 2025. Included in this list are higher penalties for OSHA workplace safety violations for employers. While these increases are in line with...more

Laner Muchin, Ltd.

OSHA Update: Penalties Increased and Employers Have Reporting Deadlines

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As expected, the Occupational Safety and Health Administration (OSHA) announced its penalty increases, which became effective on January 15, 2025. The maximum penalties for serious and other-than-serious violations will...more

Verrill

Massachusetts’ Salary Range Transparency Law: Key Requirements for Employers

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Massachusetts Governor Maura Healey signed into law An Act Relative to Salary Range Transparency (Chapter 141 of the Acts of 2024) on July 31, 2024. This law increases wage transparency requirements for employers with 25 or...more

BakerHostetler

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

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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

Foley & Lardner LLP

Employers Get Ready: I-9 Fine Increases Are Here — and More I-9 Inspections Are on the Horizon

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The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing Form I-9 (Employment Eligibility...more

Littler

Robust Action Helps Recidivist Employer Reduce Penalty for Alleged Bribery in South Africa and Indonesia

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In the first major action of 2024, the Department of Justice (DOJ) announced it had entered into a three-year deferred prosecution agreement (DPA) with a publicly traded global software company for alleged violations of the...more

Steptoe & Johnson PLLC

OSHA Increases Maximum Penalties and Announces Significant New Enforcement Policies

The Occupational Safety and Health Administration (OSHA) increased the maximum penalty amount for serious and other-than-serious violations to $15,625 per violation effective January 15, 2023. Only eleven days later, OSHA...more

Perkins Coie

Cal/OSHA Enforcement Authority Expands Significantly in 2022

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Effective January 1, 2022, SB 606 significantly expands Cal/OSHA’s enforcement powers and the potential penalties for workplace health and safety violations. Specifically, this bill (1) enhances Cal/OSHA compliance and...more

Foley & Lardner LLP

Massachusetts Attorney General Cracks Down on Child Labor Law Violations

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Businesses may employ minors in Massachusetts, but complying with Massachusetts child labor law involves more than just ensuring your workers are 14 or older. Last week, fast-casual Mexican food chain Qdoba Restaurant...more

Harris Beach Murtha PLLC

The New ICE Age: Labor and Immigration Enforcement

The need for a reliable and legal workforce is of utmost importance to the landscaping industry, as well as other seasonal business. I hear from seasonal employers every day about how difficult it is to find reliable U.S....more

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