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Wages Employment Litigation

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2024

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Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more

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

Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the...more

McDermott Will & Emery

Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?

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Geht der Kündigungsschutzprozess für den Arbeitgeber verloren, freuen sich viele Arbeitnehmer auf die rückwirkende Auszahlung des ausstehenden Gehalts: Sie fordern Annahmeverzugslohn. Dabei vergessen sie oft, dass auf den...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

CDF Labor Law LLP

New California Case Calls Into Question the Viability of Any Time Rounding Practices Where All Hours Worked Can Be Captured

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Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

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On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Husch Blackwell LLP

Colorado Supreme Court Bans "Use-It Or Lose-It" Vacation Policies

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On Monday, June 14, 2021, the Colorado Supreme Court issued a long-awaited decision prohibiting so-called “use-it or lose-it” vacation policies. In Nieto v. Clark's Market, 19SC553, the Supreme Court overturned both the trial...more

BCLP

Coronavirus: UK’s first judgment on the Job Retention Scheme – the Carluccio’s administration

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On Monday 13 April 2020, the High Court released its judgment in the United Kingdom’s first case relating to the government’s recently announced Coronavirus Job Retention Scheme (“CJRS”). The case considered the use of the...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

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We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

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The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...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

Seyfarth Shaw LLP

A Day Late and Potentially Many Dollars Short: NY Appellate Court OK’s Liquidated Damages in Late Payment Case

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Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more

Hogan Lovells

Employment News: fiduciary duties, NICs, jurisdiction

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Battle Royal – handling of boardroom dispute was repudiatory breach - The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more

Polsinelli

California Court of Appeal Approves Variable Hourly-Based Compensation Plan

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In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”).  ...more

Carlton Fields

Arbitrator’s Decision Not Based On Manifest Disregard Of The Law, But Challenge To That Decision Was Not So Meritless As To...

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Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent’s president, asserting that he had not been fired for cause and was thus owed...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more

Littler

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

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On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Seyfarth Shaw LLP

9th Circuit’s Xerox Decision Copies Sister Circuits In Affirming Workweek Standard For FLSA Compliance

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Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA is the workweek as a whole, rather...more

Carlton Fields

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

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Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

Carlton Fields

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

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Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

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