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Employees Wage and Hour Employment Litigation

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

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Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

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I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Hahn Loeser & Parks LLP

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published May 2025

Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more

DarrowEverett LLP

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

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Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Morgan Lewis

New York Labor Law Amendment Limits Damages for ‘Frequency-of-Pay’ Violations

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New York recently passed an amendment to New York Labor Law (NYLL) § 198(1-a) that significantly limits the available damages for a violation of NYLL § 191(1)(a) in a “frequency-of-pay” lawsuit....more

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

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The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Davis Wright Tremaine LLP

New York Reins In "Frequency-of-Pay" Damages Under Amended Labor Law

In a major shift, New York employers will now be subject to significantly reduced damages in "frequency-of-pay" lawsuits due to recent amendments to Section 198(1-a) of the New York Labor Law ("NYLL")....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

ArentFox Schiff

A PAGA Plaintiff Must Allege a Timely Individual Claim

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A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable...more

Epstein Becker & Green

New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

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In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)....more

Seyfarth Shaw LLP

New Jersey Supreme Court Finds Commissions Are Considered “Wages” Under State Law

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On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more

Vedder Price

The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law

Vedder Price on

On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as...more

Blake, Cassels & Graydon LLP

Droit de l’emploi au Canada : Changements récents et à venir

Au cours de la dernière année, des changements importants ont été apportés à la législation en matière d’emploi un peu partout au Canada. Des mises à jour législatives majeures ont notamment été effectuées en Ontario, en...more

Fox Rothschild LLP

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

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In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip On … California Wage Statements

While California employers may be generally aware of the nine requirements for wage statements, a careful review of the nuances of each of those requirements is necessary to ensure compliance under Labor Code section 226....more

Littler

UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims

Littler on

A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could...more

Perkins Coie

Washington Supreme Court Denies Appeal of Meal Period Penalty Case

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In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more

Seyfarth Shaw LLP

The Fate of Hundreds Of EPOA Class Actions Await The Washington Supreme Court’s Decision in Branson v. Washington

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The Washington Supreme Court recently entertained oral arguments in Branson v. Washington Fine Wines on the following certified question from the W.D. Washington regarding the Equal Pay and Opportunities Act (“EPOA”)...more

Marshall Dennehey

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

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County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

Clark Hill PLC

Colorado Court of Appeals Says Employers May Not Deduct Product Fees That Are Costs of Business From an Employee’s Wages

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The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....more

Seyfarth Shaw LLP

Plaintiffs Are Responsible for Commencing Court-Ordered Arbitration

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The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more

Morgan Lewis

Washington Supreme Court Clarifies Limits on Employers’ Anti-Moonlighting Agreements

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The Supreme Court for the State of Washington issued a decision in David v. Freedom Vans LLC expanding the state’s prohibition against anti-moonlighting covenants for low-wage workers. The court held that employers may not...more

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