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Wages Employment Litigation

Ius Laboris

Minimising the Misuse of the Duty to Pay Wages During Appeals

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India’s Industrial Disputes Act of 1947 (and its many amendments) seeks to secure social justice to workmen but are there ways in which it can be misused? We take a look at Section 17B and the duty to pay wages during...more

Epstein Becker & Green

New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

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In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)....more

Seyfarth Shaw LLP

New Jersey Supreme Court Finds Commissions Are Considered “Wages” Under State Law

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On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more

Fox Rothschild LLP

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

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In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Clark Hill PLC

Colorado Court of Appeals Says Employers May Not Deduct Product Fees That Are Costs of Business From an Employee’s Wages

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The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....more

Falcon Rappaport & Berkman LLP

WARN Update: Delaware Bankruptcy Court Issues Decision Analyzing the Application of the WARN Act in Chapter 11

The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of a plant closing or a mass layoff. A company’s failure to provide...more

Ervin Cohen & Jessup LLP

Stricter Controls Over Wage Statement Penalty Awards Are a Gift For Some

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California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more

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

Retention Bonus Found Not to Constitute ‘Wages’ Under the Massachusetts Wage Act

On September 6, 2024, the Appellate Division of the Massachusetts District Court held in Nunez v. Syncsort Incorporated that a retention bonus that the defendant-employer allegedly owed to the plaintiff, its former employee,...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2024

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Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more

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

Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the...more

McDermott Will & Emery

Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?

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Geht der Kündigungsschutzprozess für den Arbeitgeber verloren, freuen sich viele Arbeitnehmer auf die rückwirkende Auszahlung des ausstehenden Gehalts: Sie fordern Annahmeverzugslohn. Dabei vergessen sie oft, dass auf den...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

CDF Labor Law LLP

New California Case Calls Into Question the Viability of Any Time Rounding Practices Where All Hours Worked Can Be Captured

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Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

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On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Husch Blackwell LLP

Colorado Supreme Court Bans "Use-It Or Lose-It" Vacation Policies

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On Monday, June 14, 2021, the Colorado Supreme Court issued a long-awaited decision prohibiting so-called “use-it or lose-it” vacation policies. In Nieto v. Clark's Market, 19SC553, the Supreme Court overturned both the trial...more

BCLP

Coronavirus: UK’s first judgment on the Job Retention Scheme – the Carluccio’s administration

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On Monday 13 April 2020, the High Court released its judgment in the United Kingdom’s first case relating to the government’s recently announced Coronavirus Job Retention Scheme (“CJRS”). The case considered the use of the...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

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We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

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The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Seyfarth Shaw LLP

A Day Late and Potentially Many Dollars Short: NY Appellate Court OK’s Liquidated Damages in Late Payment Case

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Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more

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