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Damages Labor Law Violations

Fox Rothschild LLP

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

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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

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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

Proskauer - Law and the Workplace

Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law

As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

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On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Benesch

Details on PAGA Compromise Bill; Benefit to Employers To Be Determined

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As we reported here, California lawmakers recently came to terms on a PAGA replacement bill. While this law was touted as a grand compromise intended to benefit both employees and employers, its effectiveness in reducing the...more

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

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Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more

Ius Laboris

Compensation ordered after email slip reveals age discrimination

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The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

CDF Labor Law LLP

California PAGA Law Benefits Attorneys More Than Employees

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Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private...more

Littler

Ontario, Canada Court Addresses Statutory Tort of Human Trafficking in Labour Context

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In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more

Foley & Lardner LLP

Landmark NLRB Decision Expands Labor Violations

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As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more

Polsinelli

Festive NLRB Provides Holiday Gifts to Unions/Employees

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​​​​​​​December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

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On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Littler

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

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In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

Littler

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

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A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

Fisher Phillips

Favorable Court Rulings Mean NY Workers Cannot Bring Wage Notice Claims in Federal Court

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A federal judge in New York recently held that workers cannot assert claims for violations of New York’s Wage Theft Prevention Act (WTPA) in federal court – a ruling that further helps employers defend against these...more

ArentFox Schiff

Massachusetts Highest Court Awards Treble Damages Under the Wage Act, Even After Employer Remedied Violation

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Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more

Quarles & Brady LLP

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage...

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The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more

Benesch

NLRB Chief Counsel Seeks New Penalties for Labor Law Violations

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With a newly minted Democratic majority on the National Labor Relations Board (“NLRB”), the General Counsel of the NLRB, who directs enforcement of federal labor law, has ordered her staff to seek broad remedies - many of...more

Jaburg Wilk

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

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A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Labor News - April 2020

This is the first issue of our monthly newsletter detailing recent important legislative developments, case law and events regarding labor law in France. This edition focuses on recent decisions rendered by French courts,...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Polsinelli

Good News, for a Change, for California Employers in Connection with Wage and Hour Cases

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The Courts were kind to California employers in September, 2019, issuing two decisions which substantially reduce the damages which plaintiffs can recover in wage and hour cases. ...more

Stokes Wagner

Naranjo v. Spectrum Security Services Denies Derivative Waiting Time Penalties and Wage Statement Penalties in Meal and Rest Break...

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It’s no secret that California is typically viewed as the most employee-friendly state in the country. New employee-favored laws are passed so quickly that employee handbooks can be rendered outdated before they go to print....more

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