News & Analysis as of

Unpaid Wages

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

Pre-Litigation FLSA Settlements Don’t Require Court Or DOL Approval, New York Federal Court Holds

by Jackson Lewis P.C. on

In a case of first impression in the Second Circuit, a court in the U.S. District Court for the Southern District of New York has held private settlements under the FLSA entered into prior to a lawsuit being filed do not...more

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

by Hinshaw & Culbertson LLP on

California employers know they must compensate any employee unused and vested vacation pay upon separation from employment. Once vacation is vested, the right to vacation pay cannot be forfeited. But what happens when...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Class Action Suits Against Massachusetts Car Dealers on the Rise

by Mintz Levin on

Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

by Fisher Phillips on

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

Why having a clear understanding with employees is important

by McNair Law Firm, P.A. on

Over the years, we have written a number of articles about the importance of making sure your employment documents contain clear, understandable language. One of our federal district judges was recently faced with an...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

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

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