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Regulatory Reform Wage and Hour Employer Liability Issues

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

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

Perkins Coie

May Tip of the Month: New York Eases Penalties for First-Time Pay Frequency Violations

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On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

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In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Littler

Relief from Steep Pay Transparency Penalties for Businesses in Washington State

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In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class...more

Weintraub Tobin

An Update on PAGA Reform from the Trenches – Finally, Some Relief for Employers from Meritless Claims

Weintraub Tobin on

Last year, we reported on the reforms to the Private Attorney General Act (PAGA) that Governor Gavin Newsom signed into law on July 1, 2024. The reform legislation was pushed through to avoid a ballot vote on a measure...more

Seyfarth Shaw LLP

PAGA Paraphrased – AB 2288 and SB 92

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AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

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Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Conyers

Bermuda Regulatory Outlook 2024

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As we enter 2024 the myriad of regulatory changes can appear overwhelming. We are here to help and have set out below some key changes and issues that can impact Bermuda entities. Bermuda has introduced a corporate income tax...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

Littler

Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

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Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

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The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

ArentFox Schiff

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

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It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

Butler Snow LLP

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

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On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more

Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

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The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

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On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

DCI Consulting

Illinois Publishes Administrative Rules Regarding Equal Pay Registration Certificate

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On January 6, 2023, the State of Illinois published final administrative rules regarding the Equal Pay Registration Certificate that employers must secure. The administrative rules had been published in proposed form in May...more

Sheppard Mullin Richter & Hampton LLP

NLRB Revisits Union Dues Checkoff Rule

The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more

Littler

What You Need to Know About Reporting and Training Requirements in the DC Tipped Wage Worker Fairness Amendment Act

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In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (“the Act”). Among other things, the Act imposes obligations on employers that employ tipped employees, including significant training...more

Littler

DOL Proposal to Resurrect 80/20 Rule for Tipped Employees Fails to Alleviate Longstanding Industry Concerns

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On June 23, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how...more

Robinson+Cole Manufacturing Law Blog

2021 Labor and Employment Outlook for Manufacturers

This week, we continue our 2021 outlook series with a focus on labor and employment. With the new Presidential administration this year, we anticipate a number of changes in labor and employment laws on the federal level....more

Seyfarth Shaw LLP

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

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On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

Stinson LLP

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

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On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

Best Best & Krieger LLP

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers - The National Labor Relations Board recently published a new rule clarifying the "joint employer" definition. Employers should welcome the NLRB’s new rule, as...more

McNees Wallace & Nurick LLC

NLRB Joint Employer Saga Comes to an End (for now) with New Final Rule

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more

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