News & Analysis as of

Wage and Hour State Labor Laws 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

Proskauer - Law and the Workplace

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

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

Jackson Lewis P.C.

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

Jackson Lewis P.C. on

Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act...more

Fox Rothschild LLP

Massachusetts Mandates Wage, Salary Transparency

Fox Rothschild LLP on

Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...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

Laner Muchin, Ltd.

Federal Court Enjoins “Equivalent Benefits” Portion of the Illinois Day and Temporary Labor Services Act

Laner Muchin, Ltd. on

In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more

Tarter Krinsky & Drogin LLP

The New York Frequency of Pay Controversy Heats Up

In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more

Fisher Phillips

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

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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

Jackson Lewis P.C.

Illinois Day and Temporary Labor Services Act Equivalent-Benefits Provision Enjoined

Jackson Lewis P.C. on

A federal judge has granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA). Staffing...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

Epstein Becker & Green on

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...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

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...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

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 119: Potential New York City Paid Sick Leave Private Right of Action Looms

Seyfarth Shaw LLP on

On December 20, 2023, the New York City Council passed legislation that would create a private right of action to enforce the Earned Safe and Sick Time Act ("ESSTA")....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

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

Fisher Phillips

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

Fisher Phillips on

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’

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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

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