News & Analysis as of

Wage and Hour Liability

Littler

Started With a Bang, Ended with a Whimper: Nevada’s Newly Enacted Employment Laws from the 2025 Legislative Session

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While the 2025 Nevada legislative session opened with several ambitious bills aimed at employment practices, only a handful of relatively tame measures made it across the finish line. Nevertheless, it is important for...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Liability

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The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

Proskauer - Law and the Workplace

Missed Payroll in the Wake of Bank Collapse: Implications and Strategies

In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more

Amundsen Davis LLC

New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure General Contractors to Become Union Signatory

Amundsen Davis LLC on

On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Franczek P.C.

Illinois Supreme Court Issues Important Prevailing Wage Act Decision

Franczek P.C. on

In a recent decision, the Illinois Supreme Court reviewed commonly used contract language regarding the Prevailing Wage Act. This decision should put public bodies on notice to carefully review bid, purchase order, and other...more

Fox Rothschild LLP

NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

Fox Rothschild LLP on

New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more

Constangy, Brooks, Smith & Prophete, LLP

Court Hits “Pause” On Chipotle Order. Will The Supreme Court Change The Recipe?

Back in April, the U.S. Court of Appeals for the Second Circuit issued an opinion that appears to make it much easier for collective actions under the Fair Labor Standards Act to proceed to trial. Last week, the court hit the...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

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On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Littler

New York Extends Wage and Hour Liability to Top 10 Members of Non-NY LLCs

Littler on

New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February...more

Seyfarth Shaw LLP

New York Extends Liability for Wage & Hour Violations to Top Ten Members of Out-of-State LLC’s

Seyfarth Shaw LLP on

Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages.  This new law is one of several key wage and hour proposals originally advanced by...more

Bass, Berry & Sims PLC

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions

Bass, Berry & Sims PLC on

A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more

Robinson+Cole Construction Law Zone

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the...

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than...more

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