News & Analysis as of

Wage and Hour Former Employee

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Stikeman Elliott LLP

Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

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The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more

Ius Laboris

New end-of-service gratuity system for foreign employees in Bahrain

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The Bahraini government has recently announced an update with respect to the payment of the end-of-service ‘leaving indemnity’ to non-Bahrainis in the private sector....more

Kilpatrick

California High Court Rejects Manageability as a PAGA Consideration

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On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more

Ius Laboris

Hong Kong employer required to reimburse expenses that benefit the business

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A Hong Kong court decision holding an employer liable for various payments and benefits owed to a former employee highlights the importance of making prompt payment of all amounts due upon termination of employment....more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Tucker Arensberg, P.C.

10 Common Employment Law Mistakes (Part 2 of 3)

The employment relationship is highly regulated.  Dozens of federal, state and local laws set standards for how employers must treat employees and handle employment matters. These laws change frequently and vary significantly...more

CDF Labor Law LLP

[Webinar] Managing Post Pandemic Remote Work - Top Ten Things CA Employers Need to Know - January 18th, 10:00 am - 11:00 am PST

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As we hopefully continue to emerge from the COVID-19 pandemic, there are some things we hope to leave behind, but other, formerly “temporary” aspects of the pandemic appear to be taking more permanent root. Chief among these...more

Seyfarth Shaw LLP

Federal Court Determines that Garden Leave Payments Under Massachusetts Non-Compete Law Are Not Wages, Limiting Former Employees’...

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The District of Massachusetts recently held that garden leave payments, whereby a former employee subject to a restrictive covenant is paid by the former employer for the duration of the restrictive period, do not constitute...more

Conn Kavanaugh

Important Changes to Massachusetts Paid Family Medical Leave Law Go Into Effect January 1, 2023

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Several important updates to the Massachusetts Paid Family and Medical Leave law (“PFML”) go into effect on January 1, 2023. Background on the PFML - Beginning in 2021, the PFML began providing paid family and medical...more

Fisher Phillips

Will New Jersey Become the ‘Garden Leave’ State? Proposed Legislation Would Set Strict Rules for Non-Competes Including Full Pay...

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New Jersey recently joined a growing number of states that have taken legislative efforts to significantly limit the enforceability of post-employment restrictive covenant agreements – such as non-compete and non-solicitation...more

McAfee & Taft

Tips for protesting unemployment claims in Oklahoma

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Now that we’re all coming up from air from dealing with everything and anything COVID-related, let’s revisit some of the more mundane day-to-day basics. You’ve probably been through it so many times that it’s practically...more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

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Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more

Seyfarth Shaw LLP

2021 Trade Secrets Webinar Series: Takeaways & Recordings

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Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Addresses ‘Service Charges’ Under the Massachusetts Tips Act

Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court (SJC) just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability,...more

Akerman LLP - HR Defense

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Helps Overturn $102 Million Verdict

A former Wal-Mart employee had his $102 million verdict overturned in a recent win for California employers. Roderick Magadia, the former employee, brought a class action and Labor Code Private Attorneys General Act (“PAGA”)...more

Fisher Phillips

Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

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It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful...more

Perkins Coie

California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

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On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more

Hogan Lovells

Employment News: PHI, age discrimination, breach of contract

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What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on… Final Payment of Wages to Terminated Employees in California

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California law has specific requirements regarding the payment of final wages to terminated employees. The failure to comply with those requirements can require an employer to pay an individual up to 30 days of pay – known as...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

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A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

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In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more

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