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Employer Liability Issues Enforcement Authority

Epstein Becker & Green

#WorkforceWednesday: SEC Cracks Down on Private Companies for Violating Whistleblower Protections - Employment Law This Week®

Epstein Becker & Green on

This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in...more

Littler

Washington, DC Legislative Roundup

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The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we...more

Perkins Coie

Cal/OSHA Enforcement Authority Expands Significantly in 2022

Perkins Coie on

Effective January 1, 2022, SB 606 significantly expands Cal/OSHA’s enforcement powers and the potential penalties for workplace health and safety violations. Specifically, this bill (1) enhances Cal/OSHA compliance and...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

Genova Burns LLC on

On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

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On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Ballard Spahr LLP

EEOC Opinion Letter Limits Agency’s Pattern or Practice Litigation

Ballard Spahr LLP on

SUMMARY - The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more

Orrick - Equal Pay Pulse

OFCCP Seeks to Reduce Delays, Introduces Mediation Program

OFCCP has announced the issuance of three new directives intended “to increase accountability and efficiency” and “to maximize the effectiveness of compliance assistance resources.” ...more

Jackson Walker

The Workplace Mobility Act of 2019: Will Congress Ban Employee Non-Competes?

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Non-compete agreements have a long, conflicted history under the law. In the first known case on the topic—John Dyer’s Case from 1414!—an English judge found that a non-compete agreement was an unenforceable restraint on...more

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

Employers Beware: New Jersey Enacts One of the Toughest “Wage Theft” Laws in the Country

On August 6, 2019, Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act (WTA) into law. The law has been touted by proponents as the toughest wage theft statute in the country. Notwithstanding its name, the WTA...more

FordHarrison

Fifth Circuit Finds EEOC Exceeded its Authority in Issuing Enforcement Guidance on Arrest and Conviction Records

FordHarrison on

On Tuesday, August 6, 2019, the United States Court of Appeals for the 5th Circuit held that the Equal Employment Opportunity Commission’s (“EEOC”) Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

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

California Dreaming: Minnesota Legislature Enacts Sweeping Wage Theft Law

The Minnesota Legislature wrapped up its 2019 legislative session with a one-day special session last month that resulted in the passage of an omnibus appropriations bill, the Jobs and Economic Development Omnibus. The...more

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

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more

Jackson Lewis P.C.

Portland, Oregon, Issues Rules Implementing ‘Ban the Box’

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The City of Portland has issued administrative rules to the “Removing Barriers to Employment,” its ordinance aimed at removing job barriers for individuals with criminal records (Chapter 23.10 of the Portland Municipal Code)....more

Obermayer Rebmann Maxwell & Hippel LLP

US DOL and PA DOL Partner to Prevent Employee Misclassification

On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding (MOU) to coordinate efforts, by sharing information and...more

Parker Poe Adams & Bernstein LLP

NCDOL to Cooperate with Federal Agencies to Crack Down on Employee Misclassification

On Wednesday, the North Carolina Department of Labor (NCDOL) announced the completion of an agreement with the federal DOL to share information intended to identify companies misclassifying employees as independent...more

Morgan Lewis

CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

Morgan Lewis on

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

Fisher Phillips

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

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Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

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

Increased Criminal Enforcement for Worker Safety Violations?

In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ)...more

Constangy, Brooks, Smith & Prophete, LLP

Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However,...more

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