News & Analysis as of

Civil Monetary Penalty State Labor Laws

Nilan Johnson Lewis PA

Washington, D.C. Enhances Pay Transparency and Expands Protections Regarding Compensation Discussion and Wage History

Washington, D.C. added its name to the growing list of jurisdictions enhancing pay transparency requirements. Washington recently amended its ordinances to (1) require employers to disclose salary range or hourly pay in...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

Cole Schotz

Big News For NJ Employers – NJ AG Files First Complaint Under the Enhanced State Labor and Benefits Laws

Cole Schotz on

On December 11, 2023, the New Jersey Attorney General’s Office filed its first lawsuit under the State’s enhanced labor laws permitting it to commence actions against employers in Superior Court for misclassifying workers as...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

Smith Gambrell Russell

Illinois Expands Unpaid Bereavement Leave

Smith Gambrell Russell on

Beginning January 1, 2023, employers will be required to provide expanded unpaid bereavement leave to eligible Illinois employees under the Family Bereavement Leave Act (“FBLA”). The FBLA amended the Child Bereavement Leave...more

Smith Gambrell Russell

New York City to Require Employers to List Salary Ranges in Job Postings

Smith Gambrell Russell on

New York City took the next step to expand its pay transparency laws. Effective May 15, 2022, job postings must include the minimum and maximum salary offered for any position located within New York City. This amendment to...more

Akerman LLP - HR Defense

Sweeping Expansions to New York’s Whistleblower Protections Take Effect

New York employers, take heed: sweeping expansions to New York Labor Law (NYLL) Section 740 have fundamentally redefined the protections afforded to whistleblowers within the state. The revised law took effect on January 26,...more

Weintraub Tobin

California Court of Appeal Holds that Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

Weintraub Tobin on

California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code,...more

Stokes Wagner

Labor Commissioner Releases California Right to Recall FAQs

Stokes Wagner on

As California and the U.S. enjoy a surge in the travel industry again, the newly codified Labor Code section 2810.8 sets forth the obligations of California employers with regard to the recall of laid-off employees in many...more

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

California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Genova Burns LLC

All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections

Genova Burns LLC on

On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more

Vedder Price

2020 California Employment Law Roundup

Vedder Price on

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Proskauer - Law and the Workplace

New York State Enacts Law to Protect Employees’ Reproductive Health Decisions

New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent....more

Littler

New York State Bans Discrimination Based on Reproductive Health Decision Making

Littler on

As of November 8, 2019, New York State prohibits employment discrimination based on an employee’s or a dependent’s “reproductive health decision making.” The New York State Legislature passed the bill in January 2019, and...more

Holland & Knight LLP

California Supreme Court Confirms Unpaid Wages Not Recoverable as "Civil Penalties" Under PAGA

Holland & Knight LLP on

In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more

Epstein Becker & Green

Recent Appellate Decision May Make New York Employers Vulnerable to Liquidated Damages for Violating New York’s “Frequency of Pay”...

Epstein Becker & Green on

On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more

Buchalter

California Supreme Court Limits PAGA Claim Damages in Landmark Ruling Denying Plaintiff’s Wage Claim

Buchalter on

In a surprising decision, the California Supreme Court has ruled that Plaintiffs in Private Attorney General Act  (PAGA) cases cannot recover for their own or their fellow employees’ unpaid wages, but instead are limited to...more

ArentFox Schiff

CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA

ArentFox Schiff on

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more

Mintz - Employment Viewpoints

California Supreme Court Delivers PAGA Win for Employers

In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of...more

Proskauer - California Employment Law

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”).  See ZB, N.A. v. Superior Court (Lawson) (Cal....more

Stokes Wagner

California Supreme Court Limits Recovery for PAGA Claims

Stokes Wagner on

Are you familiar with PAGA? Do you have a PAGA claim for unpaid wages filed against you right now? If yes, this recent California Supreme Court case may apply to you. (ZB, N.A. v. Superior Court)....more

Proskauer - Law and the Workplace

New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries

The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

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