News & Analysis as of

State Labor Laws Compensation & Benefits Employment Litigation

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

Benesch on

Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Marshall Dennehey

Commonwealth Court Affirms Denial of COVID-19 Workers’ Compensation Claim by Police Officer: E-Time Payments Not Evidence of...

Marshall Dennehey on

Terry Stewart v. City of Philadelphia (WCAB); No. 490 C.D. 2024; filed April 15, 2025; Judge Fizzano Cannon - The claimant contends that he contracted COVID-19 in the line of duty. Following his diagnosis, he was...more

Marshall Dennehey

Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision

Marshall Dennehey on

Del Val Home Improvements v. Gaw; No. 1117 C.D. 2022; filed March 19, 2025; Judge Wojcik - In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

Marshall Dennehey on

Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

Marshall Dennehey on

Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Troutman Pepper Locke

Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions

Troutman Pepper Locke on

In 2024, employers rushed to track the twists and turns of the Federal Trade Commission’s (FTC) noncompete ban, which attempted to limit the enforceability of agreements that restrict employees from working for a competitor...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Marshall Dennehey

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

Marshall Dennehey on

Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

Marshall Dennehey on

Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Epstein Becker & Green

Wage War: Massachusetts Trial Court Rejects Globe Ex-President’s Profit-Sharing Claim Disguised as Wage Act Violation

On January 31, 2024, a Massachusetts trial court dismissed a claim against the Boston Globe alleging that the newspaper violated the commonwealth’s Wage Act by failing to pay an executive’s 2020 profit-share which the...more

Seyfarth Shaw LLP

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

Seyfarth Shaw LLP on

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Proskauer - California Employment Law

Volunteers May Work For Nonprofits Without Compensation

The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more

K&L Gates LLP

When Does Travel or Commuting Time Count as "Hours Worked" Under Washington Law?

K&L Gates LLP on

Under the Washington Minimum Wage Act (MWA), employers are required to pay employees for all “hours worked.” Unfortunately, whether activities count as hours worked is not a simple concept, especially when it comes to...more

Perkins Coie

Illinois Overhauls Employment Laws: Is Your Business in Compliance?

Perkins Coie on

The Illinois legislature engaged in a flurry of recent activity in the area of employee protections. Included below are highlights of new employment laws in place as of January 1, 2020. Significant Restrictions on...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Seyfarth Shaw LLP

The Pennsylvania Supreme Court Finally Kills The Fluctuating Workweek Doctrine in Pennsylvania, Ruling That The “Half-Time” Method...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

Hogan Lovells on

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Polsinelli

California Court of Appeal Approves Variable Hourly-Based Compensation Plan

Polsinelli on

In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”).  ...more

Downey Brand LLP

California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses

Downey Brand LLP on

In a less-than-favorable decision for employers – Alvarado v. Dart Container Corporation – the California Supreme Court addressed how to calculate the overtime pay rate when the employee earns a non-production, flat sum bonus...more

Ervin Cohen & Jessup LLP

Employment Law Reporter May 2018: No Good Deed Goes Unpunished – California Supreme Court Decision May Change the Way Employers...

California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more

Carlton Fields

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

Carlton Fields on

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

Littler

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

Littler on

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period....more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide