News & Analysis as of

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

A New Dawn for California Class Actions

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate...more

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

Employee Misclassification: Are You Prepared?

We talked earlier about the importance of job classification in determining overtime wages for Internet specialists. The same concerns and problems hold true for your administrative employees. Given existing legal and...more

Wage and Hour Compliance Priorities for 2014

It is easy for us to recommend that employers conduct regular and comprehensive wage and hour audits that examine all facets of the employer’s pay practices to ensure compliance with the myriad of wage and hour laws. After...more

How To Calculate Unpaid Overtime, The Sequel: Fifth Circuit Rejects FWW Method In Misclassification Cases

In Black v. SettlePou P.C., the Fifth Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt. In so doing, the Fifth...more

Passage of Increase in California’s Minimum Wage Could Impact More Than Just Hourly, Minimum Wage Workers

On September 25, 2013, California Governor, Jerry Brown, signed a bill (Assembly Bill No. 10) that will raise the hourly minimum wage up 25% over the next few years. First, the minimum wage will increase in less than one...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

The Continuing Saga Of Unpaid Workers & Misclassification Issues

Worker misclassification continues to be an issue at the forefront of today's workplace....more

California Agencies Don’t Get Two Bites At The Apple When It Comes To Misclassification

Happy Nails & Spa of Fashion Valley, LP, v. Julie Su, No. D060621 (July 19, 2013): A California Court of Appeal recently held that an employer does not have to relitigate the issue of whether the workers at its facilities are...more

Recent Decision by Massachusetts’ Highest Court Removes Barriers to Wage Claims

This week, the Massachusetts Supreme Judicial Court (SJC) issued a decision that makes it easier to bring lawsuits under the Massachusetts Wage Act. In Depianti v. Jan-Pro Franchising International, Inc., the SJC held that a...more

2013 US Labor and Employment Horizon

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

Misclassification of Workers: An Attempt to Save Could Cost Your Business A Bundle

In recent months, many business owners have noticed that their classification of workers is being closely scrutinized by a variety of federal and state regulatory agencies. Whether a worker is classified as an “employee” as...more

Employee Classification: Employers Must Get It Right Or Face Costly Penalties

Earlier this year, the Louisiana Workforce Commission (LWC) and the Wage and Hour Division of the U.S. Department of Labor (DOL) signed a Memorandum of Understanding to exchange information received by the agencies. Louisiana...more

White House 2013 Budget Targets Employee Misclassification

Earlier this month, the Obama Administration released its proposed budget for fiscal year 2013. It reveals that New York and New Jersey employers should expect heightened enforcement and regulatory activity, particularly in...more

New California Laws Increase Penalties for Employee Misclassification and Wage Theft

California Governor Jerry Brown has signed two employment related bills into law, raising the stakes for employers doing business in California. The two laws, which increase the penalties for employers that wrongly classify...more

Employment Law Commentary: How to Save Gas . . . and Prevent Heartburn: The Legal Issues Surrounding Telecommuting

If you skipped this morning’s commute and are reading this article in your jammies, you understand the benefits of telecommuting. You are not alone. Although fewer than two percent of working Americans are considered to be...more

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