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Labor Law Violations Department of Labor (DOL) Employer Liability Issues

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Fisher Phillips

Knowledge Is POWER: Here’s How Philadelphia Businesses Can Comply With The City’s New Employment Protections

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Philadelphia employers now face more investigations and stiffer punishment under a new law the mayor approved last week. The POWER Act, signed on May 27 and taking effect immediately, adds sweeping worker protections...more

Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

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Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Littler

Federal Court Denies DOL a “Hot Goods” Injunction over Child Labor Allegations

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On July 2, 2024, a federal court in Alabama issued its decision in Julie Su v. Mar-Jac Poultry of Alabama LLC, No. 6:24-cv-00569 (N.D. Ala. July 2, 2024), denying the U.S. Department of Labor (DOL) a preliminary injunction...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

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On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

BakerHostetler

The Department of Labor Has Your Business in Its Sights: Act Now to Prevent Costly Penalties Later

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President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more

Seyfarth Shaw LLP

2023 FLSA Litigation Metrics & Trends

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Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

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On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

Fisher Phillips

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

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Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more

Fox Rothschild LLP

USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of...

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The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the...more

Littler

DOL Issues Guidance on the Child Labor “Hot Goods” Prohibition

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On August 31, 2023, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (FAB) to provide guidance to field staff on the prohibition against the shipment of “hot goods,” found in...more

Parker Poe Adams & Bernstein LLP

OSHA Refers Child Labor Discoveries to Wage and Hour Division

In a recent EmployNews article, we discussed the recent publicity over child labor violations across the U.S., frequently involving immigrant minors. Earlier this month, the Department of Labor’s (DOL) Wage and Hour Division...more

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

Beltway Buzz - May 2022

EEOC, DOJ Issue Guidance on AI in the Workplace. - On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential...more

Butler Snow LLP

OSHA Penalties: Up, Up, and Away!

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CONSIDERATIONS FOR EMPLOYERS AS OSHA PENALTIES SOAR TO NEW HEIGHTS - The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies,...more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

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On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Resumes Demands for Liquidated Damages During Wage and Hour Investigations

Under the Fair Labor Standards Act, employers found liable for failure to pay overtime or minimum wages can be assessed liquidated damages in an amount equal to the unpaid wages. Prior to the Trump administration, the U.S....more

Ballard Spahr LLP

DOL Revokes Trump Policy Limiting Double Damages for Wage Violations

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In another policy change that is designed to benefit workers and penalize businesses that violate the law, the federal government announced that employers who violate the overtime or minimum wage provisions of the federal...more

Perkins Coie

City of Seattle Passes Hazard Pay for Grocery Employees

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On February 3, 2021, Seattle Mayor Jenny Durkan signed into law a new ordinance requiring grocery employers to provide their employees an additional $4.00/hour in hazard pay due to the COVID-19 pandemic. The law went into...more

Littler

DOL Ends Payroll Audit Independent Determination (PAID) Program for Employers

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The U.S. Department of Labor (DOL) has announced the immediate termination of its Payroll Audit Independent Determination (PAID) program. The PAID program began in March 2018 as a pilot program to allow employers an...more

Ruder Ware

What Kinds of Citations has OSHA Been Issuing During the Pandemic?

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OSHA’s enforcement activity has been accelerating as the number of COVID-19 cases has increased.  Now OSHA has issued a guidance designed to give employers an understanding of the most commonly cited violations arising from...more

Wyrick Robbins Yates & Ponton LLP

Six Common (and Costly) FLSA Mistakes

The Federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq., was created as a part of the “New Deal” to help our nation recover from the Great Depression.  ...more

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