Liquidated Damages

News & Analysis as of

Major Changes to Federal Overtime Regulations Take Effect December 1. Are You Prepared?

This week, President Obama and Secretary of Labor Thomas Perez announced the publication of a final rule to take effect December 1 that will overhaul the Fair Labor Standard Act’s overtime regulations. The U.S. Department of...more

Public Owner Recovers Liquidated Damages Even After Terminating Contractor for Convenience

You can’t have your cake and eat it too.  That’s no fun!  Why even get the cake if you are not allowed to eat it?  Recently, a court held that a public owner could have both a termination for convenience, as well as...more

Ohio Supreme Court Holds Reasonableness of Liquidated Damage Provision to Be Determined Based Upon the Parties’ Knowledge at Time...

Boone Coleman Constr., Inc. v. Vill. of Piketon, 2016-Ohio-628, 2016 Ohio LEXIS 441 (Ohio Feb. 24, 2016) - A general contractor entered into a construction contract with a public agency for a road construction project...more

DOL Quietly Moves to ‘All Liquidated Damages, All the Time’ Footing

The Fair Labor Standards Act (“FLSA”) has always provided for liquidated damages for violations, but in the past, the Wage and Hour Division (“WHD”) generally pursued the liquidated damages only when forced to litigate....more

IRS Confirms California “Waiting Time Penalties” Are Not Wages For Federal Income Tax Purposes

A recent IRS information letter confirms that “waiting time penalties” paid under California law are not wages for federal income tax withholding purposes. Section 203 of the California State Labor Code imposes penalties on...more

Consider Liquidated Damages to Deter Employees From Misappropriating Company Information

It is not unusual for employment agreements to mandate that when an employee leaves a company, whether voluntarily or by termination, he or she must return all company information. As the employer in EventMonitor v. Leness...more

Give your dough to the baker even if he will eat half of your bread!

As dispute lawyers we often deal with contracts that result in unintended consequences because they have not been drafted by lawyers expert in the chosen governing law of the contract. While many legal systems share...more

Recent Arizona Case Law and Other Developments Affecting Real Estate Lending

Recent Arizona Case Law - Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC (AZ Court of Appeals 2016). The borrowers signed a $28.6 million note and DOT to CIBC. The note required interest-only payments with a...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

Contractual Liquidated Damages Update 3.0

Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately...more

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

Construction Corner: Construction Contract Basics

In a previous Construction Corner Post we discussed the primary elements of a design contract for a school construction project. In this post we will describe the basic elements of a construction contract for a school...more

California Court of Appeals Says, “We Like Eich(leay)!”

Time is money. And nowhere can than be best observed than on a construction project. Project delays can mean lost profits for owners, liquidated damages for general contractors, and increased material, labor, field...more

New York Strengthens Equal Pay Protections

In October of 2015, the New York Legislature passed the Achieve Pay Equity Act (the Act) as part of the Women's Equality Agenda. 2015 N.Y. Lab. Law § 194 (McKinney), which can be found at...more

Liquidated Damages: A Viable Alternative to Noncompetition Agreements in Louisiana?

The Louisiana Third Circuit Court of Appeal recently issued an opinion that might pave the way for employers to use liquidated damages as a means of discouraging competition by former employees in certain...more

Avoiding Unenforceable Penalty Clauses

The Supreme Court in 2015 reviewed and redefined the rules governing unlawful penalty clauses. The new test considers whether there is a legitimate interest in creating damages or a fine and whether such fine imposes an...more

Legal Trends: Litigation & Dispute Resolution

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those...more

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

Labor and Employment Group News: Retaliation Claims Difficult to Defend

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims. Summerlin v. Almost Family, Inc.,...more

Triple Dipping Remedies

The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more...more

Double the Pain: DOL Now Assessing Liquidated Damages for Overtime Violations

For some time now, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has been taking a progressively more aggressive approach to wage and hour compliance, marked by increased staffing/resources and more frequent...more

U.K.’s Revised Law on Liquidated Damages Clauses Could Mean Similar Changes for Commercial Contracts in Canada

Last week, the U.K. Supreme Court (UKSC) changed the law on liquidated damages clauses (LDCs), giving parties greater freedom to decide on damages for contractual breaches. The case may cause Canadian courts to revise the law...more

Supreme Court Ruling on Penalties: A Genuinely Commercial Approach

The Supreme Court has clarified and restated the scope of the English law rule against penalties. This important decision will have a far-reaching impact on commercial parties’ assessment of whether contract provisions...more

Liquidated Damages Clause in Employment Contract Backfires on Quebec Employer

Under article 2091 of the Civil Code of Quebec (the “C.C.Q.”), employers can terminate employment contracts of indeterminate length so long as the employee is given reasonable notice or an indemnity in lieu of reasonable...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

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