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Wage and Hour State and Local Government Employment Litigation

DarrowEverett LLP

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

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Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of...more

Perkins Coie

Washington Supreme Court Denies Appeal of Meal Period Penalty Case

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In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 4, December 2024

Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more

DarrowEverett LLP

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

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As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

Conn Kavanaugh

The Final Paycheck

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When Planning to Terminate a Massachusetts Employee, Always Carefully Plan the Final Payment When an employment relationship goes wrong and an employer is faced with terminating an employee, the employer has to evaluate a...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

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The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Decision Limits Manageability Dismissals for PAGA Claims

For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more

Goldberg Segalla

New York State Employment Law Update (Part 4)

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New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights - Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Foley & Lardner LLP

Pay Frequency Claims Pass Muster in New York

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After avoiding the limelight for decades, New York State’s manual worker pay frequency law has taken center stage. Specifically, New York Labor Law (NYLL) § 191(1)(a) requires private employers to pay manual workers...more

Seyfarth Shaw LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

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The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

Jenner & Block

New Path Forward for Employers in PAGA Suits

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The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California...more

Sheppard Mullin Richter & Hampton LLP

Are You Sitting Down for This? California Court of Appeal Provides Further Guidance on Suitable Seating Claims

The California Court of Appeal in Meda v. AutoZone, Inc. recently reversed a trial court’s finding that an employer demonstrated it “provided” seats to its employees as a matter of law under California’s suitable seating...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

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Makes Clear that PAGA Plaintiffs are not Entitled to a Jury Trial and Provides Helpful Guidance on...

On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, __ Cal. App. 5th __ (2022), that provides important guidance in two areas. First, the Court made clear that...more

Perkins Coie

No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law

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In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Announces New Standard That Meal and Rest Period Premiums Must Be Paid at Same “Regular Rate of Pay” Used...

On July 15, 2021, the California Supreme Court issued a decision in Ferra v. Loews Hollywood Hotel, LLC which was long-awaited but was ultimately highly disappointing to employers. In sum, the Court held that when...more

Dentons

DOL Issues Workforce Development Guidance

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On February 25, 2021, the US Department of Labor issued guidance for state-based unemployment compensation programs.  The guidance addresses the concern that some workers lose unemployment compensation benefits if they refuse...more

FordHarrison

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

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While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

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On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Judgment Against Enoch Pratt Free Library and Baltimore City for Pay Discrimination

Court Awards Nearly $200,000 to Five Female Librarian Supervisors - On Dec 23, the United States District Court for the District of Maryland ruled that Baltimore City and its Enoch Pratt Free Library violated federal law...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Seyfarth Shaw LLP

Pay Equity Litigation Update:  Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

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Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

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