News & Analysis as of

Employer Liability Issues Criminal Liability

Husch Blackwell LLP

Employers Beware: The Scope of Responsibility for Workplace Shootings Is Widening

Husch Blackwell LLP on

In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal...more

Seyfarth Shaw LLP

Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

Epstein Becker & Green on

As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more

Bowditch & Dewey

Rhode Island Employers Take Note – New Penalties for Wage & Hour Violations Begin January 1, 2024

Bowditch & Dewey on

As of January 1, 2024, a new amendment to the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (the “Wage Act”) will impose criminal liability for certain wage and hour violations by Rhode Island...more

Littler

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Littler on

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony.  Should an...more

Benesch

New Legislation Introduced to Protect and Expand Employee Rights and Benefits in New York

Benesch on

On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”...more

BakerHostetler

Wage & Hour Criminality: Wage Theft Now Constitutes Larceny In New York

BakerHostetler on

Last week, Governor Kathy Hochul signed legislation amending the New York Penal Law in order to allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, employers who...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Fisher Phillips

A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers

Fisher Phillips on

Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more

Littler

New York City D.A. Wants to Prosecute Wage Theft as a Crime

Littler on

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2024

Oberheiden P.C. on

U.S. Immigration and Customs Enforcement (ICE) together with the Department of Homeland Security (DHS) aggressively execute its mission “to protect America from the cross-border crime and illegal immigration that threaten...more

Benesch

California and Colorado Among Jurisdictions Increasing Wage Violation Enforcement

Benesch on

In 2023, several jurisdictions aim to increase enforcement of wage violations. Unsurprisingly, California took the lead when Governor Newsom proposed a budget increase for California’s workplace enforcement agency....more

Fisher Phillips

WhatsApp Messages May Be Gone But Never Forgotten – At Least Not By the DOJ: Your Company’s 6-Step Action Plan

Fisher Phillips on

When your employees go “off-grid” and use unauthorized third-party messaging applications that fall beyond typical email and texting – like the self-destructing WhatsApp messages – they put you at increasing risk of scrutiny...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Manatt, Phelps & Phillips, LLP

[Webinar] Employer Uncertainty Post-Dobbs - November 29th, 10:00 am - 11:00 am PT

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the...more

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

McDermott Will & Emery on

The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

Miles & Stockbridge P.C.

Weighing Employers’ Strategies for Employee Benefits in a Post Roe World

As is now well known both in and outside of the legal community, the Supreme Court of the United States recently decided Dobbs v. Jackson Women’s Health Organization, where the Court analyzed a Mississippi law that restricted...more

White & Case LLP

UK Pensions Regulator's new criminal powers are a wake-up call to companies planning corporate transactions

White & Case LLP on

The UK Pensions Regulator is gaining stronger powers, which will have a significant impact on companies undertaking activities such as M&A, secured borrowing, and restructuring. Following best practice and thinking ahead have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties

Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. §...more

Littler

Colorado Criminalizes Certain Restrictive Covenants

Littler on

Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S.  Effective March 1,...more

Ervin Cohen & Jessup LLP

Isn’t it Grand? New Law Provides That Wage Theft Can Be Charged as Grand Theft

Ervin Cohen & Jessup LLP on

Under Assembly Bill 1003, which becomes effective on January 1, 2022, the intentional theft of wages in an amount greater than $950 from any one employee, or $2,350 in the aggregate from 2 or more employees, by an employer in...more

BCLP

Changes and Developments in California Employment Laws for 2022

BCLP on

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Fisher Phillips

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

Fisher Phillips on

California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers...more

Hogan Lovells

The Pensions Regulator's new powers: what lenders need to know

Hogan Lovells on

The Act introduces two new offences – conduct risking accrued DB benefits and avoidance of employer debt, as explained below. Each offence is punishable by up to seven years' imprisonment and / or an unlimited fine. There are...more

65 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide