News & Analysis as of

Wage and Hour Employer Liability Issues Private Right of Action

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

Fisher Phillips on

Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...more

Shook, Hardy & Bacon L.L.P.

NYC’s Latest Amendments on Earned Sick, Safe Time Provide Private Right of Action

Effective March 20, 2024, the New York City Earned Safe and Sick Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Shook, Hardy & Bacon L.L.P.

New York City’s Latest Amendments on Earned Sick and Safe Time Provides a Private Right of Action Including Compensatory Damages,...

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

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

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Sheppard Mullin Richter & Hampton LLP

NYC Permits Private Right of Action for Earned Safe and Sick Time Violations

Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York...more

Stokes Wagner

You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

Stokes Wagner on

Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more

Fisher Phillips

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

Fisher Phillips on

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more

Polsinelli

New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

Polsinelli on

New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay...more

BakerHostetler

Manual Breaks Applied to Manual Workers’ Pay Frequency Claims

BakerHostetler on

2024 has gotten off to a hot start for New York employers. We have already seen significant developments regarding the New York Labor Law’s (NYLL) pay frequency requirements....more

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

New York City Creates a Private Right of Action for Alleged Violations of the Earned Sick and Safe Time Act

On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Shaw LLP on

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

Littler

New York Frequency of Pay Update: Governor Proposes Legislation and Second Department Finds No Private Right of Action for New...

Littler on

New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis.  New York State’s Department of...more

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

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

Proskauer - Law and the Workplace

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more

Perkins Coie

Welcome News: Chicago Amends Paid Leave Ordinance

Perkins Coie on

In welcome news for employers, the Chicago City Council passed an amendment (the Amendment) to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which will delay implementation of paid leave...more

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

City of Chicago Expands Paid Leave for Employees in New Ordinance

On November 9, 2023, the Chicago City Council adopted the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, expanding the current Chicago Paid Sick Leave Ordinance to provide eligible employees with the ability to...more

Partridge Snow & Hahn LLP

Rhode Island Legislative Update

It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Significantly Expands Rights and Protections of Temporary Workers Through the Recently Enacted Temporary Workers’ Bill...

On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more

Fox Rothschild LLP

You CAN Be Sued for Sick Pay Violations + Paid Sick Leave Reminders

Fox Rothschild LLP on

Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history of the sick pay statutes and ruled that...more

Fisher Phillips

Top 8 Takeaways from New Jersey’s Sweeping “Temporary Workers’ Bill of Rights”

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New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more

Fisher Phillips

Top 7 Takeaways from New Jersey’s Sweeping ‘Temporary Workers’ Bill of Rights’

Fisher Phillips on

New Jersey is set to strengthen protections for temporary workers in a sweeping bill known as the Temporary Workers’ Bill of Rights. The measure would codify unprecedented measures for the state’s temporary workforce and...more

Littler

Maine Legislative Update: Back to Work Incentives, Ban the Box, Tip Minimum, and Other Developments Affecting Employers

Littler on

The First Special Session of the 130th Maine Legislature ended on July 19, 2021 with a flurry of votes on pending bills. Many of the newly-enacted laws, which were adopted with little debate, will significantly impact almost...more

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

Pay Equity in Connecticut: New Legislation Requires Disclosure of Salary Ranges

In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor...more

Fox Rothschild LLP

New Year Brings End To Moratorium On Private Actions For Violations Of Chicago’s Fair Workweek Ordinance

Fox Rothschild LLP on

Effective January 1, 2021, the moratorium on private actions against certain employers for violating the Chicago Fair Workweek Ordinance has ended. The ordinance went into effect on July 1, 2020, but the city had placed a...more

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