News & Analysis as of

Employer Liability Issues Statute of Limitations Wage and Hour

Ervin Cohen & Jessup LLP

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

FordHarrison

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

FordHarrison on

The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses.  Two of these new bills are House Bill 2561 and Senate Bill 1052....more

Seyfarth Shaw LLP

Imminent Employment Law Changes for Illinois Employers

Seyfarth Shaw LLP on

On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of workers’ rights and...more

Jones Day

New Year, New Illinois Employment Laws

Jones Day on

New legislation in Illinois introduces several changes, effective January 1, 2025, that will affect businesses with Illinois employees....more

Fisher Phillips

All the New California Workplace Laws You Need to Know About For 2025

Fisher Phillips on

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Seyfarth Shaw LLP

PAGA Paraphrased – AB 2288 and SB 92

Seyfarth Shaw LLP on

AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Fisher Phillips

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

Fisher Phillips on

The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge,...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Saiber LLC

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

Saiber LLC on

In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

Ballard Spahr LLP

New Jersey “Wage Theft”  Amendments Apply Only Prospectively

Ballard Spahr LLP on

In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

Littler

Colorado Amends Equal Pay Transparency Posting Requirements, Extends Statute of Limitations for Wage Discrimination Claims to Six...

Littler on

On June 5, 2023, Governor Polis Signed SB 23-105 into law, which will significantly change employers’ job posting and promotional notice obligations in Colorado. The law amends Colorado’s pay transparency statute, which has...more

Dickinson Wright

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

Dickinson Wright on

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate...more

McDermott Will & Emery

Verjährung von Ansprüchen auf Urlaubsabgeltung

Bundesarbeitsgericht (BAG) konkretisiert Rechtsprechung - Gemäß § 7 Abs. 4 BUrlG ist Urlaub abzugelten, wenn er wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden kann. Nachdem das BAG...more

Perkins Coie

2022 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures

On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in...more

Akin Gump Strauss Hauer & Feld LLP

Not So Fast: Trial Courts Finding PAGA’s Statute of Limitations Is Still Alive and Well After Johnson v. Maxim Healthcare

Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...more

Seyfarth Shaw LLP

Second Circuit: Mere Allegation Of Willfulness Not Enough To Invoke Three-Year Statute Of Limitations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...more

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

Bond Schoeneck & King PLLC

Dismissing Non-Willful Claims Under the FLSA – the Second Circuit Rules on an Issue of First Impression

Everybody knows that the statute of limitations for claims under the Fair Labor Standards Act (FLSA) is two years, unless the claim is for a willful FLSA violation, in which case the statute of limitations is three years....more

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