News & Analysis as of

Damages State Labor Laws Appeals

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...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

Foley & Lardner LLP

New York Legislature Amends Pay Frequency Law to Limit Damages for First-Time Offenders

Foley & Lardner LLP on

The New York State Legislature has amended New York Labor Law (“the Law”) to reduce statutory damages for first-time violations of pay frequency requirements for manual workers while preserving the ability to impose...more

Goldberg Segalla

New York State Limits Damages in Pay Frequency Claims

Goldberg Segalla on

New York Labor Law (NYLL) Section 191 mandates that employers pay employees their wages within a certain frequency depending on the classification of employees. For employees that meet the definition of a “manual worker,” the...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

Harris Beach Murtha PLLC

New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves...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

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

Rumberger | Kirk on

On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

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

Payne & Fears

Key California Employment Law Cases: September 2020

Payne & Fears on

Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more

Payne & Fears

Key California Employment Law Cases: April 2018

Payne & Fears on

This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Farella Braun + Martel LLP

California WARN Act Notice Requirements Apply to Temporary Layoff

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

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