Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Construction Delays in the Time of Coronavirus: A Legal Perspective
II-30- Tackling 3 Big Wage and Hour Questions for Employers
Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form I-9
Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more
On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...more
The recently passed 2025 New York State budget bill includes an amendment to the New York Labor Law that will have major implications for employers sued for late wage payments....more
On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more
The New Jersey Supreme Court has ruled that amendments to the state’s wage and hour laws passed in 2019 cannot be applied retroactively. As a result, the provisions in the amendments — including imposition of liquidated...more
Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more
Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more
Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more
In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more
The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more
On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck...more
On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. ...more
On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and...more
On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal...more
The New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated...more
Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more
The big legislative news in Illinois this spring concerned the passage of a law permitting marijuana for recreational use, beginning January 1, 2020. This development overshadowed other news affecting the construction...more
As we discussed in our last blog post, California employers received some rare good news in recent days. Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more
In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more
On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more
Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act. Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more
On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more
A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more