News & Analysis as of

Unpaid Wages

Ontario, Canada: Employer Sentenced to 30 Days in Prison for Non-Payment of Wages

by Littler on

The former owner of two defunct businesses has been sentenced to 30 days in prison for non-payment of more than $125,000 in wages owed to 43 employees. The employer was convicted of failing to comply with an Order to Pay made...more

Utah Legislature’s amendments to two wage statutes now in effect

by Kirton McConkie PC on

Although the origin of the phrase “jumping through hoops” is uncertain, it is generally accepted that it probably was a reference to circus animals jumping through hoops to please their trainers. The phrase is often used to...more

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

by Seyfarth Shaw LLP on

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

Canada: Ontario Government's Proposed Legislation to "Create Fairer and Better Workplaces" Includes $15 Minimum Wage and Equal Pay...

by Littler on

On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more

Avoid singing the blues: how employers can mitigate wage/hour liability

by FordHarrison on

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent...more

District Court in Cal Dive Rules Against Vessel Owner's Challenge to Maritime Lien

by Holland & Knight LLP on

The U.S. District Court for the Southern District of New York has denied a motion for summary judgment filed by a vessel owner that sought to dismiss the maritime lien claim of a provider of deck personnel. The court's...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Relationships with Subcontractors Can Create Joint Employment

A recent court case from a Federal Appeals court out of Maryland should cause contractors to re-examine their relationships with subcontractors and their employees. In that case, Salinas v. Commercial Interiors, the employees...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Utah 2017 Legislative Update – Employment Law Issues

by Payne & Fears on

The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses....more

McDonald’s Corp. Dismissed from Suit Over Wage Violations at Franchises - Ostensible Agency Theory Rejected by Court

by Best Best & Krieger LLP on

A class action attempt to establish joint employer liability between franchisor McDonald’s Corporation and its franchisee for allegedly unpaid wages through an ostensible agency theory was brought to an end recently by a...more

Supreme Court Gives WARN-ing To Companies In Bankruptcy: Don’t Ignore Wage Claims

by Fisher Phillips on

The U.S. Supreme Court held today in a 6 to 2 decision that “structured dismissals” resolving Chapter 11 bankruptcy proceedings cannot deviate from the Bankruptcy Code’s priority scheme without the consent of the affected...more

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

by Genova Burns LLC on

On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an...more

California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law

On December 1, 2016, a California Court of Appeal, in an unpublished decision, issued a ruling addressing the scope of both California Industrial Welfare Commission Wage Order 5-2001’s minimum wage rent credit and California...more

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

by FordHarrison on

The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act...more

Tightening the Screws: Fourth Circuit Establishes New Test for Evaluating Joint Employment Claims Under the Fair Labor Standards...

On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more

Another Joint Employer Test Makes Its Debut

by Foley & Lardner LLP on

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Second Circuit Rejects Cumulative Liquidated Damages

by Epstein Becker & Green on

On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

by Faegre Baker Daniels on

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

Freelancers in New York City Get Wage Protections

by Jackson Lewis P.C. on

A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law...more

Third Circuit affirms class certification in franchisee-as-employee class action

by DLA Piper on

In a recent sharply divided 2-1 decision, the Third Circuit Court of Appeals affirmed the grant of class certification against commercial cleaning franchisor Jani-King in a lawsuit alleging that Jani-King’s franchisees were...more

Employment Law Navigator – Week in Review: September 2016

by Zelle LLP on

Last week, it was reported that 10,000 Chipotle workers have joined the class action against the Tex Mex chain for unpaid wages, claiming Chipotle routinely made them work off the clock. That’s roughly one in five Chipotle...more

California Supreme Court Says Retiring Employees Must Be Paid Promptly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Under Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more

Connecticut Supreme Court Reaffirms the Right of an Employer to Determine When Commissions Are Paid

As a general proposition, under Connecticut law an employer has the right to determine the wage that will be paid for work performed by an employee, subject to basic requirements such as minimum wage or overtime. For wages...more

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