Penalties

News & Analysis as of

Important Updates to OSHA’s Reporting Requirements and Penalties for Violations

There has been a recent flurry of activity in the employment law arena—including several proposed changes to employers’ reporting requirements for workplace injuries, as well as increased penalties imposed by the Occupational...more

What To Expect From OSHA In 2016 And Beyond …

The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will...more

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016....more

OSHA To Increase Maximum Civil Penalties in 2016

As employers look ahead to 2016, it will be important to consider the impact of Section 701 of the Bipartisan Budget Act of 2015 (H.R. 1314), which was signed into law by President Obama on November 2, 2015. This bill...more

Canadian Immigration: Revisiting Canada’s Tough New Employer Compliance Regime

Strict New Penalties for Non-Compliant Employers - The Government of Canada is increasingly focused on employer compliance and has implemented a number of initiatives since 2014, including the overhaul of the Temporary...more

Gavel to Gavel: Complying with garnishments

On the whole, most employers do an admirable job of keeping up with the ever-changing statutes and regulations that apply to the employer-employee relationship. Wage garnishments, however, are often overlooked by...more

Energy Newsletter - January 2016

On 12 December 2015, nearly 200 countries reached an agreement that many have described as a historic turning point for global cooperation in addressing climate change. This article looks at the key elements of the Paris...more

Avoiding Unenforceable Penalty Clauses

The Supreme Court in 2015 reviewed and redefined the rules governing unlawful penalty clauses. The new test considers whether there is a legitimate interest in creating damages or a fine and whether such fine imposes an...more

The Hardship Exception to the Medicaid Penalty Period: Rare But Possible

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue...more

OSHA Announces Significant Increases in Civil Penalties, Marking First Time Maximum Fines for Violations Have Risen Since 1990

On November 2, 2015, President Barack Obama signed the Bipartisan Budget Act of 2015. Obscured within the lengthy bill is a provision that not only mandates a current increase in the penalties for violations of standards...more

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

A Year of Change – Increasing Penalties and More

One thing we already know about 2016– this year will bring changes in many of the “numbers” we are accustomed to in the world of employment law: the OSHA penalties are likely to significantly increase, the salary level for...more

Europe’s New Global Data Protection Law

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on...more

Construction E-Note - December 2015

In an article published in the November 2015 issue of North American Builders, Jason Nimmer provides insight on what it takes to successfully deliver manufacturing-related construction jobs in today’s fast-paced building...more

Coming Down Your Chimney: Market Reform Guidance, Information Reporting Penalty Relief and Cadillac Tax Delay

It’s the “silly season” on the Hill and a busy season for ACA regulators. This article gives you brief notes about Notice 2015-87, information reporting relief and the § 4980I delay buried in the omnibus spending bill....more

Health Care E-Note - December 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Please see full E-Note below for more...more

White & Case ECB News – Issue 2, 2015: UK Supreme Court judgement on penalties

Earlier this month, the Supreme Court handed down its judgement, clarifying and restating the English law rule against penalties, in the consolidated cases of Cavendish and ParkingEye. The judgement replaces the previous rule...more

China’s new Food Safety Law “the harshest ever”

China’s new Food Safety Law took effect on October 1, 2015, and will have a far-reaching impact on importers, producers and sellers of food. The new law significantly expands the scope of the previous Food Safety Law, which...more

Dumpster Dives, Investigations and Penalties

What you put in the trash can cost you a fortune. Regulators are increasingly interested in companies’ disposal practices and are initiating investigations and enforcement actions. The “dumpster dives” form the basis of a...more

EBA publishes webpage on CRD4 penalties

EBA has published a webpage on administrative penalties under the fourth Capital Requirements Directive (CRD4). ...more

How To Submit A Successful Reconsideration Request

Reconsideration requests are a webmaster’s tool for getting back into the good graces of Google after a site has been slapped with a manual search penalty. We’ve seen this more than a few times with new clients who come to...more

Triple Dipping Remedies

The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more...more

OSHA Penalties Set to Increase in 2016

OSHA penalties, like death and taxes, are one of the few certainties in life. The last time OSHA raised its maximum penalties, Vanilla Ice and New Kids on the Block dominated the airwaves, Macaulay Culkin was a bona fide...more

"The MESS" - Your Bad Situation Could Only Get Worse: OSHA Plans To Raise Penalty Amounts By As Much As 80% - And Even If They...

"Gee, Sheriff, ain't this a mess?" "If it ain't, it'll do till the mess gets here." (Deputy to Sheriff (played by Tommy Lee Jones) in "No Country for Old Men") In my 28 years practicing law and serving as in-house...more

2015 ONRR Civil Penalties: Where, Why, and How Much

The Office of Natural Resources Revenue (“ONRR”), a unit within the United States Department of the Interior, is responsible for collecting and disbursing revenues from energy production on federal and Indian lands and...more

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