News & Analysis as of

Damages Employee Rights Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Mayer Brown

New York Amends Labor Law to Limit Damages for Late Payments to Manual Workers

Mayer Brown on

INTRODUCTION On May 9, 2025, New York State Governor Kathy Hochul signed a bill as part of the 2026 Fiscal Year budget, amending New York Labor Law (“NYLL”) Sections 191 and 198. The purpose of the amendment is to limit...more

Fox Rothschild LLP

Knowledge [Literally] Pays: Important Considerations for Massachusetts Employers

Fox Rothschild LLP on

Massachusetts is one of the most employee-friendly states in the nation when it comes to wage-and-hour laws. While the federal minimum wage is only $7.25 per hour, Massachusetts currently requires most employers to pay a...more

Jackson Lewis P.C.

Washington State’s Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

Jackson Lewis P.C. on

Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more

Epstein Becker & Green

New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers

Epstein Becker & Green on

On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)....more

Mintz - Employment Viewpoints

New Amendments to the New York Labor Law Limit Certain Pay Frequency Claim Damages

New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York...more

Fox Rothschild LLP

New York Scales Back Damages for Frequency-of-Pay Violations

Fox Rothschild LLP on

A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Shook, Hardy & Bacon L.L.P.

Does a Day Matter Under the Massachusetts Wage Act? Contradictory Clauses Causes Court to Contend with Canons of Construction

Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more

Bond Schoeneck & King PLLC

The Frequency of Pay Split Amongst the Courts May Be Remedied by Legislative Fix

Under New York Labor Law Section 191, individuals who fall under the broad definition of “manual worker” must receive their wages weekly. There is currently a split among the courts as to whether manual workers have a private...more

Dorsey & Whitney LLP

Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

Dorsey & Whitney LLP on

On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Littler

Littler Global Guide - Canada - Q3 2019

Littler on

With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Pullman & Comley - Labor, Employment and...

Wage Hour Claims and Casuto v. Town of Greenwich: The Department of Labor Investigation Is Not The End of The Story

Employers who have been through an investigation by the Connecticut Department of Labor Wage & Workplace Standards Division unfortunately have intimate knowledge of the potential burdens of defending against employee wage...more

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