News & Analysis as of

Wage and Hour Enforcement Actions Employer Responsibilities

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

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

Jackson Lewis P.C.

Legislation Grants Authority to California Labor Commissioner to Enforce Labor Code Provisions Related to Gratuities

Jackson Lewis P.C. on

California Governor Newsom recently signed Senate Bill (SB) 648, which authorizes the state’s Labor Commissioner to investigate and issue a citation or file a civil action for gratuities taken or withheld in violation of the...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

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

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...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

Ballard Spahr LLP

New Philadelphia Ordinance Aims to EmPOWER Employees

Ballard Spahr LLP on

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

Loeb & Loeb LLP

New York’s Fashion Workers Act: What Brands and Ad Agencies Need to Know

Loeb & Loeb LLP on

As of June 19, 2025, the New York State Fashion Workers Act (FWA) is reshaping how models are engaged, protected, and paid in the state. While much attention has been paid to the obligations of management companies and...more

Snell & Wilmer

Employers Face New Fines Under Colorado Wage and Hour Laws for Misclassifying Employees as Independent Contractors

Snell & Wilmer on

What Happened Employers may incur new fines for misclassifying employees as independent contractors under a new Colorado law. On May 22, 2025, Governor Polis signed HB25-1001, which creates new fines starting at $5,000 per...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

Seyfarth Shaw LLP on

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

McAfee & Taft

No such thing as a free lunch (break): Don’t let unclear policies cost you

McAfee & Taft on

Earlier this year, the U.S. Department of Labor filed a lawsuit against a healthcare management company for alleged violations of the Fair Labor Standards Act. The lawsuit claimed that the company improperly deducted 30...more

Fisher Phillips

Knowledge Is POWER: Here’s How Philadelphia Businesses Can Comply With The City’s New Employment Protections

Fisher Phillips on

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

Blank Rome LLP

Philadelphia Enacts POWERful New Worker Protection Ordinance

Blank Rome LLP on

On May 27, 2025, Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights (“POWER”) Act into law, which expands the Philadelphia Department of Labor’s enforcement options for violations of the City’s expanding...more

Saiber LLC

NJ DOL Proposes New Rules Clarifying the ABC Test for Independent Contractors

Saiber LLC on

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations aimed at clarifying how employers should apply the “ABC test” to determine whether a worker is properly classified as...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Epstein Becker & Green

Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp

Epstein Becker & Green on

Wage and hour compliance often presents complex challenges for employers, with unclear regulations and changing enforcement priorities. Addressing these issues proactively and resolving potential disputes are vital for...more

Jackson Lewis P.C.

Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation

Jackson Lewis P.C. on

Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025. ODRISA requires...more

Kohrman Jackson & Krantz LLP

Ohio Enacts New Paystub Protection Act

The Ohio General Assembly recently enacted HB 106, which has been signed by Governor DeWine, providing employees with the right to a written or electronic paystub. Effective April 9, 2025, employers in Ohio will be required...more

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