Wages, Summary Judgment

The Trust Fund Penalty – Times May be Tough, But Don’t “Borrow” from Withheld Taxes

Rivkin Radler LLP on 10/6/2023

It’s wonderful to be part of a successful business, especially in a strong economy. The owners are probably enjoying a more than just decent return on their investment and, in most cases, are getting along well enough. The...more

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

Jackson Lewis P.C. on 6/17/2021

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

California Employment Law Notes - January 2017

Proskauer - California Employment Law on 1/10/2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Eleventh Circuit Rejects Equitable Defenses to FLSA Claim Where Employer Aware of Underreported Hours

Baker Donelson on 1/27/2015

The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more

First Circuit Allows Retaliation Claim to Proceed Absent Direct Evidence of Decision Makers’ Retaliatory Animus

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/13/2014

The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

Benesch on 12/20/2013

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

Primer on West Virginia State Law Labor and Employment Claims

Spilman Thomas & Battle, PLLC on 3/1/2013

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

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