News & Analysis as of

Back Pay

PilieroMazza PLLC

DOL $596K Recovery, 3-Year Debarment Highlights Davis-Bacon Compliance Risks for Construction Contractors

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An investigation by the Department of Labor Wage and Hour Division (DOL WHD) recently found that J. Solano HVAC LLC (the Company), a subcontractor on two Washington, D.C. affordable housing projects, willfully violated the...more

Butler Snow LLP

The U.S. Department of Labor’s PAID Program: Requirements, Process, and Benefits

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The U.S. Department of Labor’s Wage and Hour Division (WHD) offers the Payroll Audit Independent Determination (PAID) program as a voluntary pathway for employers to self-identify and resolve certain wage-and-hour and leave...more

Fisher Phillips

Court Says Licensed Practical Nurses and Home Health Aides Are Employees, Not Independent Contractors: Your 5-Step Compliance Plan

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A Pennsylvania federal court just found that a Philadelphia-area home health company misclassified its licensed professional nurses (LPNs) and home health aides (HHAs) as independent contractors, potentially putting the...more

Hinckley Allen

Post-Shift Activities Now Require Compensation in Connecticut

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On February 10, 2026, the Connecticut Supreme Court officially released its decision in Del Rio v. Amazon.com Services Inc. (SC 21109), holding that under Connecticut law, employers must compensate employees for time spent...more

Cole Schotz

Court Clarifies Statute of Limitations and Scope of Discovery in New Jersey Pay Equity Suit, Highlighting Importance of Conducting...

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In Affrunti v. Reed Smith LLP, Sherri A. Affrunti (“Affrunti” or “Plaintiff”), a former non-equity partner, brought suit alleging violations of the New Jersey Diane B. Allen Equal Pay Act (the “Equal Pay Act”). The Mercer...more

Fisher Phillips

Manufacturer Stuck with $22M Backpay Verdict After SCOTUS Declines to Weigh In: 6 Lessons for Employers

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A manufacturer will have to pay $22M in alleged wage and hour violations now that the Supreme Court declined to consider its appeal. Last year, a federal appeals court upheld the sizable jury verdict, finding that the company...more

Davis Wright Tremaine LLP

No Clear Relief: Sixth Circuit Adds to Circuit Split Over NLRB Remedies

The National Labor Relations Board's remedial authority remains unclear following a November 5, 2025, decision of the United States Court of Appeals for the Sixth Circuit in NLRB v. Starbucks Corp. In its decision, the Sixth...more

Holland & Knight LLP

Eyes on Washington: Shutdown Briefing – Day 41

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Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and...more

Eversheds Sutherland (US) LLP

The Fifth Circuit Court of Appeals challenges the NLRB’s authority with respect to Thryv Remedies

NLRB’s Remedial Authority - Under Section 10(c) of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) may order employers to cease unfair labor practices and take “affirmative action” to...more

DLA Piper

Government Shutdown Update: Thursday, November 6, 2025

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Senate Majority Leader John Thune (R-SD) has indicated that a vote aimed at ending the government shutdown will take place Friday. In a private lunch with Republicans, Senator Thune discussed reintroducing the House-passed...more

Holland & Knight LLP

Eyes on Washington: Shutdown Briefing – Day 37

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Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and...more

CDF Labor Law LLP

Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies

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Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of...more

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

German Labor Court Expands Employer Rights to Scrutinize Dismissed Employees’ Job Applications

When an employee in Germany is unlawfully dismissed and successfully challenges the dismissal in court, the employee is generally entitled under Section 615 sentence 1 of the German Civil Code (BGB) to back pay for the period...more

Fisher Phillips

Backpay Fight Deepens as 5th Circuit Rejects NLRB’s Expanded Remedies – Will the Supreme Court Step In Next?

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A federal appeals court just dealt another blow to the National Labor Relations Board’s effort to expand monetary remedies against employers – and the widening split among federal circuits makes Supreme Court review...more

Holland & Knight LLP

Eyes on Washington: Shutdown Briefing – Day 27

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Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and...more

Holland & Knight LLP

Eyes on Washington: Shutdown Briefing – Day 17

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Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and...more

Holland & Knight LLP

Eyes on Washington: Shutdown Briefing – Day 15

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Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and...more

Fisher Phillips

EEOC Sues Staffing Firm Over Client’s Alleged “Male-Only” Hiring Request: 5 Key Lessons for the Industry

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Staffing firms across the country are facing increased scrutiny from the federal government over how they respond to client demands – and a new lawsuit can provide lessons for your organization. The Equal Employment...more

Jaburg Wilk

Six Protections if You Win a USERRA Case

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If you’ve served in the military and faced problems at work because of your service—like being denied a job, promotion, or your old position back after deployment—you may have legal rights under the Uniformed Services...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

Fisher Phillips

DOL Provides Long-Awaited Damages Relief to Employers in Wage and Hour Investigations: 3 Top Takeaways

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The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more

Fisher Phillips

Paused Payouts: Title IX Appeal Delays $2.8B NCAA Athlete Payments in House Settlement

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It didn’t take long for the first legal challenge attacking the game-changing House v. NCAA settlement agreement. Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on June 11 arguing that the...more

Fisher Phillips

Game. Set. Settlement: Your School’s 7-Step Plan After Final Approval Granted In House v. NCAA Authorizing Pay For...

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College sports have changed forever in a watershed moment that will fundamentally reshape the structure of Division I athletics. Following extensive briefing, nearly five hours of final argument, and multiple revisions to...more

Amundsen Davis LLC

[Webinar] Be the First to Know: Live Breakdown of the House Settlement Decision - June 9th, 7:30 pm - 8:30 pm EST

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A final ruling on the House v. NCAA settlement hearing has been issued by Judge Claudia Wilken. Join Luke Fedlam live on Monday at 7:30 PM ET / 6:30 PM CT for a webcast breakdown of everything you need to know about the...more

Amundsen Davis LLC

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

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The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

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