Wage and Hour, Liquidated Damages, Private Right of Action

Supreme Court of California Rules Employers Can’t Claim Ignorance on State Wage Violations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/8/2025

On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more

Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law

Proskauer - Law and the Workplace on 5/12/2025

As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more

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

Fisher Phillips on 3/22/2024

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

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

Polsinelli on 2/9/2024

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

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

Seyfarth Shaw LLP on 1/19/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2024

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

Recent Appellate Decision May Make New York Employers Vulnerable to Liquidated Damages for Violating New York’s “Frequency of Pay”...

Epstein Becker & Green on 9/30/2019

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

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