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Showing posts with the label Enforcement

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

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On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum wage or overtime under the Fair Labor Standards Act (FLSA) . The field assistance takes the position that the WHD is not authorized to seek liquidated damages unless it does so through a lawsuit. Quick Hits The WHD issued field assistance instructing regional solicitors (RSOLs) to stop seeking liquidated damages in administrative matters over unpaid minimum wage and overtime. The field assistance states that the WHD has determined that the FLSA does not authorize the secretary of labor to seek liquidated damages unless the division files a lawsuit, a change to recent enforcemen t. The policy change took effect on June 27, 2025, and applies prospectively. Field Assistance Bulletin (FAB) No. 2025-3  clarifies that the WHD may not supervise the payment of liquid...

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

  On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas   announced   the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers” through increased enforcement of Title VII’s national origin protections. This latest statement expounds u pon the enforcement priorities Lucas laid out in her  January 21, 2025, statement , which included “protecting American workers from anti-American national origin discrimination.” This week, Lucas explained that the EEOC intends to partner with other federal agencies, including the Department of Justice, the Department of Homeland Security, and the Department of Labor to achieve “enhanced investigation and enforcement” of Title VII protections for American employees. Notably, the announcement also indicates that the EEOC’...

Maryland’s FAMLI Program, Part III: Claims and Dispute Resolution Proposed Regulations

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  Starting July 1, 2026,  Maryland’s Family and Medical Leave Insurance (FAMLI) law   will provide up to twelve weeks of paid family and medical leave, with the possibility of an additional twelve weeks of paid parental leave, through a state-run program . Contributions from employers and employees to fund the program will begin July 1, 2025, and the Maryland Department of Labor (MDOL) is currently in the process of d eveloping regulations to implement this law. Quick Hits The Maryland Department of Labor has taken an extensive approach to rulemaking for the FAMLI program, including public engagement sessions and multiple iterations of draft and proposed regulations, with the latest section on dispute resolution now open for public comment. Proposed regulations for Maryland’s FAMLI program cover claims and dispute resolution, detailing procedures for benefit claims, employer responses, and appeals, while also highlighting significant employer concerns such as limited opti...