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U.S. Department of Labor Reinstates Policy Prohibiting Seeking Liquidated Damages in Pre-Litigation Settlement of FLSA Wage Claims (US)

On June 27, 2025, the U.S. Department of Labor (“DOL” or the “Department”) issued Field Assistance Bulletin No. 2025-3, in which it prohibits Wage and Hour Division (“WHD”) field staff from seeking liquidated damages in pre-litigation settlements of Fair Labor Standards Act (“FLSA”) claims.… Continue Reading

Employers Beware:  Take-Home COVID Cases are on the Rise (US)

You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital.  Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading

Take Two: Illinois Enacts Law Providing Presumption of Workers’ Compensation Coverage for COVID-19 (US)

On June 5, 2020, Illinois Governor Pritzker signed into law HB 2455, which creates a rebuttable presumption of workers’ compensation coverage for first responders and front-line workers who are exposed to and contract COVID-19. This recent legislative enactment follows the withdrawal of Illinois Workers’ Compensation Commission’s emergency rule which included similar language. In enacting this … Continue Reading

California Governor’s Order Creates Workers’ Compensation Presumption For COVID-19 Diagnosis (US)

As California employers prepare for the gradual re-opening of business, they must now take into consideration Governor Gavin Newsom’s Executive Order N-62-20 executed on May 6, 2020, making any COVID-19 infection diagnosed within two weeks of an individual working outside of their home presumptively work-related. This has the effect for employers of reversing the burden … Continue Reading
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