News & Analysis as of

New Guidance Employer Liability Issues Enforcement Actions

Jenner & Block

Recent OSHA Activity Provides Additional Mitigation Opportunities to Employers

Jenner & Block on

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

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

Blank Rome LLP on

The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

Littler on

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...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

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Seyfarth Shaw LLP on

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

Venable LLP

Antitrust in the Workplace: DOJ and FTC Issue Guidelines for Business Activities Affecting Workers

Venable LLP on

On January 16, 2025, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued new guidance for employment practices that impact workers. ...more

Seyfarth Shaw LLP

New Year, New Penalties: OSHA and USEPA Increase Penalties

Seyfarth Shaw LLP on

The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties....more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Bradley Arant Boult Cummings LLP

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor Violations

If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Foley Hoag LLP

OSHA Releases COVID-19 Workplace Health and Safety Guidance

Foley Hoag LLP on

On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to...more

Foley Hoag LLP

President Biden Orders Increased COVID-19 Protections in the Workplace

Foley Hoag LLP on

On January 21, 2021, President Joe Biden used his first full day in office to issue an Executive Order focused on increased COVID-19 protections for the nation’s workers, including the most vulnerable essential employees. As...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

Proskauer - Law and the Workplace

Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law

The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be...more

Bowditch & Dewey

Attorney General Issues Guidance on Massachusetts Equal Pay Act

Bowditch & Dewey on

The July 1, 2018 implementation date for the amendments to the Massachusetts Equal Pay Act (MEPA) is less than four months away. The amendments approved in 2016 will bring about substantial changes to the definition of...more

Holland & Knight LLP

Attorney General Issues First Guidance on Massachusetts Equal Pay Act

Holland & Knight LLP on

• The Massachusetts Attorney General's Office issued guidance on the amended Massachusetts Equal Pay Act (MEPA), which takes effect July 1, 2018, and mandates equal pay among employees of different genders performing...more

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