News & Analysis as of

Enforcement Wage and Hour

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Seyfarth Shaw LLP

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

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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

Hahn Loeser & Parks LLP

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

Conn Maciel Carey LLP

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

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The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...more

Littler

Philadelphia POWER Act Affects Paid Sick Leave Obligations

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On May 27, 2025, the mayor in Philadelphia, Pennsylvania signed into law File # 250065, which took effect immediately. Although the ordinance amended a variety of local employment standards, our focus is their impact on the...more

Littler

Policy Week in Review – June 2025

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U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Jackson Lewis P.C.

Saint Paul, Minnesota enacts “wage theft” ordinance

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Beginning January 1, 2025, the City of St. Paul, Minnesota’s Wage Theft Ordinance went into effect. The Ordinance largely incorporates the State of Minnesota’s existing wage theft legislation. However, similar to the...more

Holland & Hart - Employers' Lawyers

Preparing for Worksite Enforcement Investigations

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?...more

Ward and Smith, P.A.

Key Employment Law Issues Employers Need to Watch in 2025

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As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, heightened...more

MG+M The Law Firm

Understanding Massachusetts' New Pay Transparency and Reporting Requirements

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Massachusetts employers should be aware of a new Massachusetts law that will have an impact on their hiring practices and reporting requirements in 2025. Massachusetts recently joined a growing number of states by enacting a...more

Cozen O'Connor

Massachusetts Enacts New Pay Transparency Requirements for Employers

Cozen O'Connor on

On July 31, 2024, Massachusetts Governor Maura Healy signed into law An Act Relative to Salary Range Transparency (the Pay Transparency Act), which will implement pay-transparency requirements for certain employers. The new...more

Fox Rothschild LLP

IRS Increases Pressure on Businesses That Claimed Employee Retention Tax Credits

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The Internal Revenue Service (IRS) recently issued a news release identifying five new signs that a business’s Employee Retention Tax Credit (ERC) may be incorrect. It has also begun issuing a third round of letters denying...more

Pierce Atwood LLP

Massachusetts Requires Pay Range Disclosure and Pay Data Reporting

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On July 31, 2024, Massachusetts Governor Maura T. Healey made it official – with the goal of closing existing wage gaps, Massachusetts is the latest state to require employers to disclose pay range information....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

Mintz - Employment Viewpoints

A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more

Foley & Lardner LLP

Proposed Warehouse Worker Protection Act Could Have Major Implications for Businesses Employing Warehouse Workers

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On May 2, 2024, Senators Edward J. Markey (D-Mass.), Tina Smith (D-Minn.), and Bob Casey (D-Pa.) introduced legislation they say will help protect warehouse workers from injury by placing limitations on, and requiring...more

Proskauer - Law and the Workplace

Wage Transparency in Job Postings Coming to Maryland

Maryland Governor Wes Moore has signed into law SB 525/HB 649, which will require employers to include wage ranges in internal and external postings for positions that will be physically performed, at least in part, in the...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Lathrop GPM

Important Colorado Law Changes for Multi-State Employers

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Employers should be aware of Colorado law changes that may impact their job postings and other practices, including some changes that are likely a welcome roll-back of some prior requirements. On January 1, 2024, the...more

Foley & Lardner LLP

2023 Update on Antitrust Enforcement in Labor and Employment

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The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

Husch Blackwell LLP

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

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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

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

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Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

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