News & Analysis as of

Failure To Pay Wage and Hour

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Ius Laboris

Online retailer slapped with fine for late payment of wages

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An online luxury retail company was fined HKD 145,000 by a court in Hong Kong for failing to pay the wages of eleven of its employees on time....more

Cozen O'Connor

Casino Settles over Allegations It Stacked the Deck Against Its Employees

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Massachusetts AG Andrea Campbell settled with MGM Springfield for $6.8 million to resolve allegations the casino violated various state wage and hour laws. AG Campbell alleges that MGM Springfield committed various violations...more

Jackson Lewis P.C.

Illinois Enacts Freelance Worker Protection Act

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Illinois has enacted broad protections for freelance workers. The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes...more

Fox Rothschild LLP

PAGA Dischargeable in Bankruptcy?

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Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more

Fisher Phillips

California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

Fisher Phillips on

The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Rivkin Radler LLP

NY Law Now Holds GCs Liable for Subcontractors’ Labor Law and Wage Obligations

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On September 9, 2021, Governor Hochul signed into law a new wage protection statute which added a new section to the New York Labor Law. Section 198(e) holds construction contractors liable for all claims under Labor Law...more

Cozen O'Connor

Google Sued Over Antitrust Allegations | Preview Of 2020 AG Races | Delay Of Generic Humira Challenged

Cozen O'Connor on

2020 AG Elections- A Primer on 2020 State Attorneys General Elections- •Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

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The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Epstein Becker & Green

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

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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

Seyfarth Shaw LLP

California Supreme Court Rejects Conversion Claim for Unpaid Wages

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Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more

Epstein Becker & Green

New Jersey Enacts Sweeping “Wage Theft” Law

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On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Littler

Under WARN, and Beyond? Massachusetts High Court Holds That Failure To Pay A “Back Pay” Award Does Not Give Rise To Wage Act...

Littler on

It is an entrepreneur’s nightmare. The company you struggled to create goes out of business due to a lack of financing. As the company goes under, the employees sue. ...more

Carlton Fields

Ninth Circuit Finds That Party Was A Third-Party Beneficiary Of Arbitration Agreement, And Affirms Order Compelling Arbitration Of...

Carlton Fields on

Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Deepens Circuit Split Over Whether Delinquent Contributions Are Plan Assets

The Ninth Circuit held that employer contributions due to a Taft Hartley fund are not plan assets until they are actually paid to the fund, irrespective of whether the plan document defines plan assets to include unpaid...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Denies Employee's Claim to Patent Ownership Based on Pay Dispute with Employer

Under the “hired to invent” doctrine, employees who develop intellectual property during the course of their employment generally have no ownership rights to such innovations. Earlier this month, the North Carolina Supreme...more

Littler

Connecticut Mandates Double Damages for Failure to Pay Proper Minimum Wage or Overtime

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On June 23, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that imposes double damages on employers who fail to pay an employee minimum wage or overtime. With one exception, the new law requires a...more

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