Unpaid Wages

News & Analysis as of

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

2016 Changes to Seattle’s Labor Standards Laws

In February 2016, the Seattle Office of Labor Standards (OLS) issued its 2016 Guide for Seattle Workers and Employers, which summarizes recent amendments to Seattle’s Labor Standards Laws, including Paid Sick and Safe Time...more

California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more

North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more

The Dear Departed: Making Final Wage Payments for Deceased Employees

The death of an employee is an unfortunate fact of life for businesses.  Nonetheless, employers may be ill-prepared for the inevitable issues that arise from the sad event.  Of concern are: Because state law largely controls...more

Commissioned Employees – Draft an Agreement Now, Avoid a Hassle Later

There is no shortage of claims brought by commissioned employees alleging the employer either did not pay, or underpaid a commission due the employee. More often than not, neither the employer nor the employee can figure out...more

New York Jets Settle Cheerleaders’ Wage Lawsuit

Last week, a New Jersey state judge approved a $324,000 settlement between the New York Jets (the “Jets”) and 52 female cheerleaders stemming from a class action lawsuit seeking unpaid wages and reimbursement of work-related...more

New York Expands Liability for Employee Claims for Unpaid Services Performed in New York to the Top 10 Shareholders of Privately...

Under a New York law in effect for decades, the top 10 shareholders of a privately held New York corporation can be held liable in certain circumstances for amounts owed to the corporation's employees. On January 19, 2016,...more

No Arbitration for Masseuse

The Tenth Circuit just ruled that an arbitration agreement between a massage student and her school was not enforceable, because it would not permit the effective vindication of the student’s statutory rights. Nesbitt v....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

New Pinellas County Wage Theft Ordinance Goes Into Effect January 1

The commissioners of Pinellas County recently adopted a wage theft ordinance that will become effective on January 1, 2016. The ordinance provides that if any employer fails to pay wages of at least $60 due to an employee 14...more

Hillsborough County, Florida Passes Wage Theft Ordinance

On October 21, 2015, the Hillsborough County Board of Commissioners enacted the “Hillsborough County Wage Recovery Ordinance.” By it terms, the ordinance applies to all employers within Hillsborough County and any company...more

Top 10 Largest Shareholders of a Non-Publicly Traded Foreign Corporation May be Held Liable for Unpaid Wages for Services...

New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next...more

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

Predictive Scheduling: A Primer for Retail and Hospitality Employers

One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among...more

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the...more

Trick or Treat for California Employers

As we approach Halloween, the California Legislature and Governor Jerry Brown have been busy on the employment front. The results of this activity are a “mixed bag” for California employers....more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

Colorado Division of Labor Issues New Guidance on "Use-It-Or-Lose-It" Vacation Policies, But Questions Remain

The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

Sixth Circuit Holds Pizza Hut Franchisee Waived Arbitration Right

The world’s largest Pizza Hut franchisee, NPC International, Inc. (“NPC”), which operates more than 1200 Pizza Hut restaurants in the United States, was sued in federal district court by employees in five separate collective...more

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