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Corporate Counsel State Labor Laws Unpaid Wages

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away

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Let’s face it—no one wants to think about what happens when an employee dies. It’s a deeply human moment, and yet, somewhere between the condolences and the memorial service, someone in Human Resources is quietly asking: “So…...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

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Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

BakerHostetler

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

BakerHostetler on

On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against arbitration agreement waivers of the right to bring representative actions under the...more

Fisher Phillips

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

Fisher Phillips on

California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers...more

Littler

New York Amends Labor Law to Expand Employees’ Ability to Bring Wage Claims

Littler on

Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages.  The legislation, titled the “No Wage...more

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

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

Seyfarth Shaw LLP

New York Extends Liability for Wage & Hour Violations to Top Ten Members of Out-of-State LLC’s

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Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages.  This new law is one of several key wage and hour proposals originally advanced by...more

Epstein Becker & Green

Recent Appellate Decision May Make New York Employers Vulnerable to Liquidated Damages for Violating New York’s “Frequency of Pay”...

Epstein Becker & Green on

On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more

Littler

Employers May Face New Challenges and Liabilities for Violating New York’s Frequency of Pay Law

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As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. ...more

Epstein Becker & Green

New Jersey Enacts Sweeping “Wage Theft” Law

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On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Littler

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country.  As discussed below, the law substantially expands the civil and criminal...more

FordHarrison

New Jersey Passes the Broadest Wage Theft Law in Country With Dire Consequences for Employers

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On the heels of the broadest Pay Equity law in the country, New Jersey has just passed the broadest wage theft law in the country, which is certain to lead to increased litigation. Unwary employers may not only be facing...more

Proskauer - Law and the Workplace

New York State Advances Bill That Would Allow Liens Against Employers For Unpaid Wage Claims

The New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated...more

Fisher Phillips

Massachusetts Courts Might Soon Provide Lessons On What Defines “Comparable Work”

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Do a flutist and an oboist for the Boston Symphony Orchestra (BSO) perform comparable work? What about an Executive Director in the Office of Language Learners and an Executive Director in the Office of Human Capital for the...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Proskauer - Law and the Workplace

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

Fisher Phillips

How Not To Stub Your Toe On Pay Stub Claims

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Perhaps no law is a better example of California’s finicky wage and hour rules than Labor Code section 226, which governs the format, content, and issuance of pay stubs. Even well-intentioned and otherwise careful employers...more

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