You Can't Always Get Liquidated Damages: DOL Delivers What You Need
The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) recently announced a significant change in how it resolves cases under the Fair Labor Standards Act (FLSA).
Pursuant to the DOL's new guidance (FAB 2025-3), issued on June 27, 2025, the WHD is no longer permitted to seek liquidated damages in any pre-litigation investigation or resolution unless a private lawsuit is filed by an employee or the secretary of labor.
The Customer Isn't Always Right: Employer Liability for Third-Party Harassment
Picture this: It's late Friday evening and you are almost packed up for the weekend when your human resources manager knocks on your office door. Judging by the look on his face, you two aren't going home just yet. He explains to you that he has received a complaint from an employee working at one of the company's restaurants. She is being harassed—not by a co-worker, but by a customer.
Chalk Talk: Are NCAA Transfer Portal Rules a Violation of State Law Bans on Non-Competes?
Over the last few years, particularly after the Supreme Court decision in NCAA v. Alston opened the door for student-athletes to enter into name, image, and likeness (NIL) deals, the National Collegiate Athletics Association (NCAA) has been relaxing its transfer rules. For example, in 2024 the NCAA changed its transfer portal rules to allow athletes to transfer multiple times without penalty, provided they are in good academic standing.
Attorney Spotlight
Allison Gotfried: With the end of the year rapidly approaching, now is a good time to start conducting broad reviews of your employee policies and practices. Companies and organizations often find a January 1 rollout of updated policies to be the easiest on their decision makers and their employees. When considering what changes, if any, need to be made to your written policies, think about the following: Have your workforce numbers changed? Do you have employees in new locations since the last publication of your handbook? Has something occurred with your staff over the past year that you want to address in your written policies? Are your policies redundant or too lengthy? Has there been consistent confusion around any specific policies? Does anything no longer work with the goals or trajectory of your entity? There is often no need for a complete overhaul of an employee handbook; however, even minor changes based on these considerations can help your company or organization run more efficiently, comply with important legal frameworks, and satisfy employee needs, ensuring a fresh start for the new year.
In Case You Missed It
IRS Issues Final Regulations on Mandatory Roth Catch-up Contributions
On September 15, 2025, the IRS unveiled final regulations requiring retirement plan sponsors to designate age 50 catch-up contributions as Roth contributions for participants with annual FICA wages greater than $145,000 (as adjusted for inflation) in the prior year. Retirement plans must implement this requirement by January 1, 2026. The final regulations generally become effective on January 1, 2027.
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We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. Allison Gotfried, editor of this newsletter, invites you to share the content with your colleagues and reach out with any questions.