News & Analysis as of

Wage and Hour Enforcement Actions Employer Liability Issues

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

Fox Rothschild LLP

Colorado Raises the Stakes for Compliance with the Colorado Wage Act

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Colorado is raising the stakes for employers when it comes to compliance obligations and increased enforcement with the enactment of House Bill 25-1001 (the Law). The Law amends the Colorado Wage Act and goes into effect...more

Jackson Lewis P.C.

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

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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!

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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

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Ballard Spahr LLP

New Philadelphia Ordinance Aims to EmPOWER Employees

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On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more

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

Weintraub Tobin

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

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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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Venable LLP

Third Circuit to Employers: Beware this 22 Million Dollar Mistake

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The Department of Labor (DOL) recently brought suit against East Pennsylvania Manufacturing (East Penn) under the Fair Labor Standard Acts (FLSA) for allegedly failing to pay thousands of employees for time they spent...more

Verrill

Massachusetts’ Salary Range Transparency Law: Key Requirements for Employers

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Massachusetts Governor Maura Healey signed into law An Act Relative to Salary Range Transparency (Chapter 141 of the Acts of 2024) on July 31, 2024. This law increases wage transparency requirements for employers with 25 or...more

Guidepost Solutions LLC

[Webinar] Navigating I-9 Compliance in a Trump Era of Enforcement - December 11th, 12:00 pm EST

Guidepost Solutions LLC on

Join industry leaders Bill Riley, Morgan Bailey, and John Shofi as they share actionable insights and strategies to help your organization prepare for an anticipated increase in government worksite enforcement actions under...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

Payne & Fears on

Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Littler

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

Littler on

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

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

Conn Maciel Carey LLP

Solicitor of Labor Publishes Annual “Enforcement Report” for 2023

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By Darius Rohani-Shukla and Eric J. Conn In late January 2024, the Department of Labor released its annual report summarizing the Solicitor of Labor’s (SOL) enforcement work in FY 2023. SOL enforces more than 180 federal...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

McDermott Will & Emery

Illinois Mandates Pay and Benefits Information for Job Postings

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Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take...more

Jackson Lewis P.C.

Oregon OSHA Penalties Skyrocket (SB 592)

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With the recent passage of Senate Bill 592, the Oregon Legislature has dramatically augmented the range of civil penalties on employers who violate Oregon Safe Employment laws. Previously, Oregon law imposed only the minimum...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2022

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Morrison & Foerster LLP

[Webinar] Untangling the Web of Pay Equity and Transparency Compliance in 2023 - March 14th, 2:00 pm ET

Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more

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