News & Analysis as of

Employer Liability Issues Enforcement

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

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The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

DirectEmployers Association

New Hampshire Became 26th State to Enact its Version of Model CROWN Act

Model CROWN Act Ties Natural Hair Texture & Protective Hairstyles to Race/Ethnicity Discrimination Protections - EEOC Enforcement Stances Similar to Model CROWN Act - No Current Legal Consensus on Whether Title VII’s...more

Schwabe, Williamson & Wyatt PC

District Court Strikes Down Portions of Recent Davis-Bacon Act Revisions

A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Sheppard Mullin Richter & Hampton LLP

PAGA Reimagined: A New Chapter for California’s Employers and Employees

On June 18, 2024, California Governor Gavin Newsom, Senate President pro Tempore Mike McGuire and Assembly Speaker Robert Rivas announced a tentative deal to reform a number of aspects of California’s Private Attorneys...more

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

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

Butler Snow LLP

EEOC Updates Harassment Guidance for First Time in 25 Years

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Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more

Conn Maciel Carey LLP

[Webinar] Cal/OSHA Mid-Year Update - May 22nd, 1:00 pm EST

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As we near the half-way mark through 2024, join us as we take stock of what has happened at Cal/OSHA in the first few months of the year. We’ll cover new developments and agency priorities for the remainder of 2024 and...more

Seward & Kissel LLP

Employment Litigation Roundup: February 2024

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Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court - A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more

Davis Wright Tremaine LLP

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

Hahn Loeser & Parks LLP

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

Steptoe & Johnson PLLC

MSHA’s New Powered Haulage Standard Rule and Implementation

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Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know about the White House’s Executive Order on AI

President Joe Biden recently issued an executive order devised to establish minimum risk practices for use of generative artificial intelligence (“AI”) with focus on rights and safety of people, with many consequences for...more

DarrowEverett LLP

The Brass Tacks: IRS Creates Process for Withdrawing ERC Claims

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The Internal Revenue Service (“IRS”) recently granted employers a means to avoid interest and penalties on inappropriately taken Employee Retention Tax Credit (“ERC”) claims. This surely will come as a relief to taxpayers who...more

Frantz Ward LLP

EEOC Issues Robust Proposed Enforcement Guidance on Harassment in the Workplace After Stalled Attempt Under Trump Administration

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After a 3-2 vote along political party lines, the EEOC recently voted to publish its Proposed Enforcement Guidance on Harassment in the Workplace, which remains open to public comment until November 1, 2023. When the current...more

Husch Blackwell LLP

Memorandum of Understanding Between Governmental Labor and Employment Agencies Creates Increased Exposure for Businesses

Husch Blackwell LLP on

As of September 13th, the Department of Labor’s Wage and Hour Division (DOL-WHD) is partnering with the Equal Employment Opportunity Commission (EEOC) to focus on “enhanced law enforcement” through information sharing, joint...more

Proskauer - Law and the Workplace

EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more

Frantz Ward LLP

EEOC Identifies Strategic Enforcement Issues for Next Five Years

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Last week the EEOC issued its Strategic Enforcement Plan Fiscal Years 2024 - 2028 (FYI 2024-2028). According to the Agency, the plan “establishes the EEOC’s subject matter priorities to achieve its mission of preventing and...more

Parker Poe Adams & Bernstein LLP

Labor Department and Federal Trade Commission Announce Collaboration Initiative

Last week, the U.S. Department of Labor and Federal Trade Commission announced that they have entered into a memorandum of understanding for the purpose of sharing information and coordinating enforcement efforts. The...more

Perkins Coie

Illinois Joins the Growing List of States With New Pay Transparency Laws

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Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January...more

McDermott Will & Emery

New MHPAEA Guidance Regarding NQTLs: Network Access and Composition

McDermott Will & Emery on

Recently proposed regulations attempt to ensure that health plans allow access to mental health or substance use disorder (MH/SUD) benefits as easily as medical or surgical (M/S) benefits. The proposed regulations, issued by...more

Bass, Berry & Sims PLC

New Proposed Mental Health Parity Rules Amid Report of Widespread Failure

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On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the...more

McDermott+

Biden Administration Issues Proposed Reg to Clarify and Enforce Mental Health Parity Requirements

McDermott+ on

Another week, a lot more regs! Last week, the US Departments of Health and Human Services, Treasury and Labor (the Departments) released a proposed reg related to mental health parity requirements for health plans. This week,...more

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