News & Analysis as of

Family and Medical Leave Act (FMLA) Wage and Hour Employer Liability Issues

Jackson Lewis P.C.

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

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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

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

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

Fisher Phillips on

The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...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

Seyfarth Shaw LLP

Signs You Can’t Ignore If You’re Doing Business in California

Seyfarth Shaw LLP on

California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

Perkins Coie

LA Fires: Employer Considerations in Light of the Disaster

Perkins Coie on

Companies with California operations affected by the continued devastation of the fires in the Los Angeles area should keep in mind applicable employment laws when responding to this natural disaster....more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2025

Jackson Lewis P.C. on

The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 4, December 2024

Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Jaburg Wilk

I Received Orders for Deployment: Will I Have a Job When I Come Back?

Jaburg Wilk on

As the name suggests, the United Services Employment and Reemployment Act (“USERRA”) requires employers of active-duty service members to hold open the employee/service members job while deployed—whether overseas, for...more

Quarles & Brady LLP

New Maryland Employment Laws Set to Take Effect on October 1: Is Your Business Prepared?

Quarles & Brady LLP on

Maryland’s General Assembly passed several employment laws that are scheduled to take effect on October 1, 2024. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of...more

Lathrop GPM

[Event] Employment & Labor Law Seminar - Minneapolis Area - October 23rd, Brooklyn Park, MN

Lathrop GPM on

Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

Foley Hoag LLP on

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

Kilpatrick on

Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

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