News & Analysis as of

Wage and Hour Employer Liability Issues

Troutman Pepper Locke

Comments Submitted to New Jersey’s Proposed Regulation Expanding “ABC Test for Independent Contractor Status”

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The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more

Seyfarth Shaw LLP

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

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The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

Jackson Lewis P.C. on

In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

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

Fisher Phillips

Colorado’s New Wage Law Packs a Bigger Penalty Punch: 6 Things Employers Need to Know

Fisher Phillips on

Employers in Colorado could face steep penalties for wage and hour violations under a new law that took effect on Aug 6. They also risk losing their license to operate if willful violations are not remedied. To avoid running...more

Fisher Phillips

Doing Business in Puerto Rico: Top 10 Things Employers Need to Know About the Island’s Workplace Laws

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Vacationers are flocking to Puerto Rico this summer to see the island’s superstar reggaeton singer perform, and the potential economic boost is capturing the attention of many businesses. Whether your business is already...more

Cranfill Sumner LLP

DOL Ceases Enforcement of Liquidated Damages in FLSA Investigations

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The Federal Fair Labor Standards Act (“FLSA”) is a federal law that establishes a standard minimum wage and overtime pay for eligible employees.  The FLSA also provides that employers who violate its requirements can be held...more

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...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

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

Buchalter

Colorado Cracks Down: New Wage Law Brings Big Changes for Employers Starting August 6, 2025

Buchalter on

On May 22, 2025, Colorado House Bill 25-1001 was signed into law, which amends the Colorado Wage Claim Act, C.R.S. § 8-4-101, et seq. As a result, August 6, 2025, marks the start of new compliance obligations that...more

Epstein Becker & Green

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more

Miller Nash LLP

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

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Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly...more

Tonkon Torp LLP

Oregon Property Owners Should Beware of New Law on Contractor Wage Liability

Tonkon Torp LLP on

Would you like to pay three times for the same work? If you are a property owner entering into a construction contract with a contractor, you may be required to do just that. Senate Bill 426, passed by the 2025 Oregon...more

Littler

2025 Session of the Virginia General Assembly Roundup

Littler on

Expansion of Restrictions on Non-Compete Agreements for “Low-Wage” Employees - Virginia already prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage...more

Fisher Phillips

Rhode Island’s New Workplace Laws: Menopause Protections, “Captive Audience” Meeting Ban, Minimum Wage Hikes, and More

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Rhode Island employers must keep up with new workplace laws enacted this year, including some that have already taken effect. The state not only joined a growing number of states that prohibit so-called “captive audience”...more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Hogan Lovells

Employment in the news | July 2025

Hogan Lovells on

July saw the usual slew of government activity before the summer break, with the publication of one review, two calls for evidence and a report from the 2023 whistleblowing review. In Parliament, the Employment Rights Bill...more

Sheppard Mullin Richter & Hampton LLP

California Court Upholds Prospective Meal Period Waivers

In a favorable decision for California employers, the Court of Appeal in Bradsbery et al. v. Vicar Operating, Inc., 110 Cal.App.5th 899, affirmed that employers and employees can enter into prospective, written, and revocable...more

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

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Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...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

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

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

Fisher Phillips

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

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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

Keating Muething & Klekamp PLL

Two Big Beautiful Tax Deductions: What Employers Need to Know

On July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” into law. Among its sweeping provisions are two significant changes for wage and hour compliance that employers should be aware of: the creation of...more

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