News & Analysis as of

Damages Wage and Hour Corporate Counsel

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

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

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

Littler

Supreme Court of Canada Overturns Court of Appeal in Landmark Bonus Case

Littler on

On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more

Seyfarth Shaw LLP

French Employment Law Reforms Awaited Under Macron’s Presidency

Seyfarth Shaw LLP on

Seyfarth Synopsis: French Employers should brace themselves for changes in the employment and labour law arena. However at this stage nothing is set in stone, and any reforms may be slow in coming. As France does not have...more

Sheppard Mullin Richter & Hampton LLP

Part Time Workers Must Be Offered Additional Hours: San Jose’s Opportunity to Work Ordinance (Effective March 2017)

In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more

McAfee & Taft

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

McAfee & Taft on

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

Seyfarth Shaw LLP

Fifth Circuit Fires at the Department of Labor with Colorful, Precedential Prose

Seyfarth Shaw LLP on

The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, and abusive...more

Jaburg Wilk

9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

Jaburg Wilk on

Wage and hour law is complex. Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all...more

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