News & Analysis as of

Enforcement Employer Liability Issues Wage and Hour

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...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

Schwabe, Williamson & Wyatt PC

District Court Strikes Down Portions of Recent Davis-Bacon Act Revisions

A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more

Sheppard Mullin Richter & Hampton LLP

PAGA Reimagined: A New Chapter for California’s Employers and Employees

On June 18, 2024, California Governor Gavin Newsom, Senate President pro Tempore Mike McGuire and Assembly Speaker Robert Rivas announced a tentative deal to reform a number of aspects of California’s Private Attorneys...more

Husch Blackwell LLP

Memorandum of Understanding Between Governmental Labor and Employment Agencies Creates Increased Exposure for Businesses

Husch Blackwell LLP on

As of September 13th, the Department of Labor’s Wage and Hour Division (DOL-WHD) is partnering with the Equal Employment Opportunity Commission (EEOC) to focus on “enhanced law enforcement” through information sharing, joint...more

Perkins Coie

Illinois Joins the Growing List of States With New Pay Transparency Laws

Perkins Coie on

Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Benesch

California and Colorado Among Jurisdictions Increasing Wage Violation Enforcement

Benesch on

In 2023, several jurisdictions aim to increase enforcement of wage violations. Unsurprisingly, California took the lead when Governor Newsom proposed a budget increase for California’s workplace enforcement agency....more

Pillsbury Winthrop Shaw Pittman LLP

NYC Pay Transparency Law Takes Effect November 1, 2022: Are You Ready?

As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

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

DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips

Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards...more

Fox Rothschild LLP

New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor...

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I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more

Partridge Snow & Hahn LLP

Rhode Island's New Pay Equity Law Changes How Employers Must Compensate Their Workforce

On July 6, 2021, Rhode Island Governor Daniel McKee signed Pay Equity legislation (the “Act”) (H 5261A, S 0270A) into law. The Act is a broad piece of legislation that applies to all employers. While the Act does not go into...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

Genova Burns LLC on

On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Rivkin Radler LLP

New 2021 Minimum Wages, Minimum Salaries And Enforcement Initiatives

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The Biden Administration’s efforts to increase the current federal minimum wage from $7.25 an hour to $15 an hour have been delayed, but in New York, New Jersey, Connecticut, Pennsylvania and other states and municipalities,...more

Fisher Phillips

Child Labor Law Enforcement On The Rise

Fisher Phillips on

The Department of Labor started off 2020 by focusing its enforcement efforts on child labor law compliance. In January, several large quick-service franchisee restaurants were slapped with hefty penalties for violating child...more

Nilan Johnson Lewis PA

Has the Dust Settled? Interpreting Minnesota’s New Wage Theft Law in the Face of Constantly-Changing DOLI Guidance

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It has been nearly three months since Minnesota’s Wage Theft Statute took effect, and the initial confusion felt by employers and employees alike is starting to subside. The Minnesota Department of Labor and Industry (DOLI)...more

Genova Burns LLC

NJDOL Report Forecasts Aggressive Enforcement Action On Independent Contractor Misclassification

Genova Burns LLC on

The New Jersey Department of Labor and Workforce Development earlier this month released the report of the Governor’s Task Force on Employee Misclassification. The Governor’s Task Force was assembled over one year ago to make...more

Nilan Johnson Lewis PA

Minnesota DOLI Updates FAQs and Wage Theft Notice Example

Nilan Johnson Lewis PA on

Employers are now required to comply with the civil provisions of Minnesota’s new Wage Theft Statute, which went into effect last week on July 1. This week, the Minnesota Department of Labor & Industry (DOLI) updated its Wage...more

Foster Garvey PC

Seattle Delays I-124 Medical Requirements

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Pending the results of a lawsuit challenging the medical requirements under the Hotel Employees Health and Safety Initiative (“I-124”), the City of Seattle has agreed to delay enforcement of Part 3 of that law. Part 3...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: It’s Final!

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October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

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

Chief Justice Denial of Stay Request Clears Way for New FLSA Regulations Affecting Home Care Agencies to Go Into Effect October...

On October 6, 2015, Chief Justice John Roberts of the Supreme Court of the United States summarily denied the emergency stay application filed by the association plaintiffs in Home Care Association of America v. Weil. In the...more

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