Penalties, Employee Rights, Corporate Counsel

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

Constangy, Brooks, Smith & Prophete, LLP on 7/28/2025

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

California Labor Laws Protect Every Worker in the State, Regardless of Immigration Status

Davis Wright Tremaine LLP on 6/13/2025

In light of recent immigration enforcement efforts at the federal level, the California Labor Commissioner issued a news release on Monday, June 9, 2025, pointedly reminding employers that the state's labor laws protect every...more

Washington Enacts Mini-WARN Act Requiring Notice Before Certain Layoffs and Closures

Littler on 5/14/2025

Washington will soon join the growing list of states that require employers to give 60 days’ advance notice to employees, unions, and the state for certain mass layoffs and business closures. On May 13, 2025, Governor Bob...more

Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to...

BakerHostetler on 4/25/2025

As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on 6/1/2018

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison on 7/1/2016

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more