News & Analysis as of

Wage and Hour Unpaid Wages

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts employers: Proposed private attorney general act for wage-hour claims is a major concern

For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more

Troutman Pepper Locke

What Happens to My Unpaid Wages if My Employer Files for Bankruptcy? - Creditor’s Rights Toolkit

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When a company files for bankruptcy, it can be an unsettling time for the company's employees who may worry about job and financial security, including unpaid wages and employee benefits. While these concerns are legitimate,...more

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

Oregon Enacts Several New Labor and Employment Laws: What Employers Need to Know

Governor Kotek signed House Bill (HB) 2541 into law on May 7, 2025. Under HB 2541, certain agricultural workers must now be provided with the same accommodations for the expression of breast milk during work hours that have...more

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away

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Let’s face it—no one wants to think about what happens when an employee dies. It’s a deeply human moment, and yet, somewhere between the condolences and the memorial service, someone in Human Resources is quietly asking: “So…...more

Poyner Spruill LLP

US Department of Labor Brings Back Self Audit Settlement Option for Employers

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In late July, the US Department of Labor (USDOL) announced that it was reinstating the Payroll Audit Independent Determination (PAID) Program to allow employers to correct FLSA and FMLA mistakes in a supervised audit....more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

Jackson Lewis P.C. on

In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Fisher Phillips

Colorado’s New Wage Law Packs a Bigger Penalty Punch: 6 Things Employers Need to Know

Fisher Phillips on

Employers in Colorado could face steep penalties for wage and hour violations under a new law that took effect on Aug 6. They also risk losing their license to operate if willful violations are not remedied. To avoid running...more

Buchalter

Colorado Cracks Down: New Wage Law Brings Big Changes for Employers Starting August 6, 2025

Buchalter on

On May 22, 2025, Colorado House Bill 25-1001 was signed into law, which amends the Colorado Wage Claim Act, C.R.S. § 8-4-101, et seq. As a result, August 6, 2025, marks the start of new compliance obligations that...more

Miller Nash LLP

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

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Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly...more

Tonkon Torp LLP

Oregon Property Owners Should Beware of New Law on Contractor Wage Liability

Tonkon Torp LLP on

Would you like to pay three times for the same work? If you are a property owner entering into a construction contract with a contractor, you may be required to do just that. Senate Bill 426, passed by the 2025 Oregon...more

CDF Labor Law LLP

Tips on Tips

CDF Labor Law LLP on

Tips are a trending topic in the news. The “One Big Beautiful Bill Act”, signed into law on July 4, 2025, created a new federal income deduction for tip earnings which raised awareness around tips. Now, California has passed...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

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

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...more

Miller Nash LLP

Unpaid Wages? Under Oregon’s SB 426, Owners and General Contractors May Be on the Hoo

Miller Nash LLP on

If you’re an owner or general contractor on a construction project in Oregon, a new law passed just last week may make you liable to pay the wages and benefits of construction workers—twice. Senate Bill 426 significantly...more

BakerHostetler

Brakes Pumped on New York Labor Law’s Manual Worker Claims

BakerHostetler on

The recently passed 2025 New York State budget bill includes an amendment to the New York Labor Law that will have major implications for employers sued for late wage payments....more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Venable LLP

Third Circuit to Employers: Beware this 22 Million Dollar Mistake

Venable LLP on

The Department of Labor (DOL) recently brought suit against East Pennsylvania Manufacturing (East Penn) under the Fair Labor Standard Acts (FLSA) for allegedly failing to pay thousands of employees for time they spent...more

FordHarrison

EntertainHR: Mr. Monk Doesn’t Pay His Employee

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There is something interesting about watching an old, beloved show for the first time years after the release of its final season. You miss the excitement of watching new episodes contemporaneously with other fans....more

Vedder Price

Seventh Circuit Weighs in on Jurisdiction in FLSA Collective Cases

Vedder Price on

On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing...more

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

Fisher Phillips on

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Fox Rothschild LLP

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action

Fox Rothschild LLP on

I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Epstein Becker & Green

New Jersey Wage Theft Act Does Not Apply Retroactively, Per the State Supreme Court

Epstein Becker & Green on

On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more

Husch Blackwell LLP

When Is a Raise Considered Earned in Minnesota?

Husch Blackwell LLP on

The beginning of a new year, or new fiscal year, can often bring changes to a company’s workforce. Many businesses will perform or complete performance reviews and implement compensation changes based on the prior year. The...more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

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