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Corporate Counsel Unpaid Wages

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

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A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

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Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....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

Seyfarth Shaw LLP

Second Circuit Addresses Off-The-Clock Work

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In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more

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

Federal District Court in Virginia Rejects Familiar Two-Step FLSA Collective Certification Approach

On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Manatt, Phelps & Phillips, LLP

Individual Officer Can Be Liable for Unpaid Wages

Can a corporate officer be liable for an employer’s unpaid wages to an employee? Yes, a California appellate panel recently determined. ...more

PilieroMazza PLLC

Recent Decision May Result in Significant Increase in Personnel Costs and Back Wage Liability for Companies Doing Work in Maryland

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On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous...more

BakerHostetler

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

BakerHostetler on

On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against arbitration agreement waivers of the right to bring representative actions under the...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

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In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Littler

24 Key Developments in Canadian Labour and Employment Law in 2021

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In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of key 2021 developments, with links to more detailed...more

Fisher Phillips

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

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California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Seyfarth Shaw LLP

How Much Time To Budget For Getting Through Security?

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Seyfarth Synopsis: An unpublished Ninth Circuit opinion has held that an employer need not pay employees for time spent undergoing government-required security checks en route to their worksite within the Los Angeles...more

Littler

New York Amends Labor Law to Expand Employees’ Ability to Bring Wage Claims

Littler on

Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages.  The legislation, titled the “No Wage...more

Littler

Ontario, Canada Court of Appeal Clarifies Relationship Between Common Employer Doctrine and Concept of Corporate Separateness

Littler on

In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (ClearMRI Solutions), the Ontario Court of Appeal (OCA) decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer...more

Fox Rothschild LLP

In FLSA Claims, Second Circuit Tightens Pleading Standard To Extend Statute Of Limitations

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In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more

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

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

Allen Matkins

California Governor Signs "Wacky" Successor Liability Bill Into Law

Allen Matkins on

Suppose you had a ne'er-do-well family member with whom you have not spoken in years.  Suppose further that your family member has a minority interest in a restaurant and that you happen to be a vice president of an unrelated...more

Allen Matkins

California Poised To Enact Wacky Successor Liability Statute

Allen Matkins on

I have previously written about California Assembly Member Lorena Gonzalez's bill, AB 3075, that would would make successor employers liable for their predecessors' unpaid wage judgments.  Last week, Assembly Member Gonzalez...more

Seyfarth Shaw LLP

New York Extends Liability for Wage & Hour Violations to Top Ten Members of Out-of-State LLC’s

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Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages.  This new law is one of several key wage and hour proposals originally advanced by...more

Seyfarth Shaw LLP

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

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Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

McAfee & Taft

Tenth Circuit holds FLSA applies to marijuana industry employees

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Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Foley & Lardner LLP

DOL Breaks Record in Wage and Hour Enforcement – Time to Consider Self-Audits

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Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered...more

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