News & Analysis as of

Labor Law Violations

Parker Poe Adams & Bernstein LLP

Employers Should Carefully Consider WARN Act Windows When Calculating Number of Affected Employees in Layoffs

In recent months, we have seen an uptick in the number of layoffs and plant closings, especially in the manufacturing sector. Some employers may not have gone through such layoffs in many years, and may not be familiar with...more

Jackson Lewis P.C.

Hourly Wages Plus Productivity Bonuses Survive California Court of Appeal Challenge

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Recently, in Mora v. C.E. Enterprises, Inc., the California Court of Appeal upheld a trial court’s decision in favor of an auto dealership alleged to have used an improper “piece rate” or “flag hours” compensation model. ...more

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

California Court of Appeal Affirms Strict Prevailing Wage Standards

On November 18, 2025, the California Court of Appeal, Fourth Appellate District, issued a published decision in Anton’s Services Inc. v. Hagen, affirming administrative findings and penalties against a contractor for...more

Seyfarth Shaw LLP

PAGA Paraphrased – Mora v. C.E. Enterprises, Inc.

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Second Appellate District affirmed the ruling in a PAGA bench trial finding that the employer’s pay plan was lawful and that the PAGA notice did not include the facts and theories that plaintiffs pursued at trial. The...more

McGlinchey Stafford

Trafficking Victims Protection Can Extend to Employee Training Programs

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In a recent decision, the Northern District of Illinois denied a beauty salon’s motion to dismiss claims under the Trafficking Victims Protection Reauthorization Act (TVPRA), 18 U.S.C. §1595(a), the Trafficking Victims...more

Bradley Arant Boult Cummings LLP

Employers “Fall Back”: Amid Reductions in Force, Heed This WARN-ing – Part 1

Whether it’s literal clockwork, the turning of the leaves, or the beginning of the holiday hubbub, fall is a season of change. Employers are noticing, too....more

Ervin Cohen & Jessup LLP

California Supreme Court Defines “Reasonable Effort” That is Required for a Good-Faith Defense to a Claim for Unpaid Wages

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The California Supreme Court recently issued an opinion that serves as an important reminder to employers: good intentions regarding compliance with wage laws are not enough to avoid liquidated damages for minimum wage...more

Fisher Phillips

Looking Ahead to Leeper: California Supreme Court to Address “Headless” PAGA Claims

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Even with the statutory clarifications that came along with last year’s PAGA reforms, California courts continue to wrestle with one of the thorniest aspects of the law: whether plaintiffs can maintain particularly troubling...more

Weintraub Tobin

Furloughs Extending Beyond a Standard Pay Period Are Treated as Terminations

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For some industries, and in particular, construction, periods of slow work are inevitable. When no work is available, many employers place their employees on “furlough” – an unpaid, non-working status, but still on the...more

Lippes Mathias LLP

Reality, Not Possibility: The Eleventh Circuit Warns Employers About Labels in Independent Contractor Misclassification Analyses

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On October 16, 2025, the federal Eleventh Circuit Court of Appeals reversed and remanded the United District Court for the Southern District of Alabama’s decision to grant an employer’s motion for summary judgment in a matter...more

Davis Wright Tremaine LLP

No Clear Relief: Sixth Circuit Adds to Circuit Split Over NLRB Remedies

The National Labor Relations Board's remedial authority remains unclear following a November 5, 2025, decision of the United States Court of Appeals for the Sixth Circuit in NLRB v. Starbucks Corp. In its decision, the Sixth...more

Jackson Lewis P.C.

Avoiding the Naughty List: Christmas Bonus Compliance for Puerto Rico Employers

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As coquito season nears, Puerto Rico employers must remember another local tradition: Paying the Christmas Bonus. Under P.R. Law No. 148 of June 30, 1969, eligible (including former) employees must receive this statutory...more

Ius Laboris

What is ‘Coffee Badging’ and How Should Employers Respond? 

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Employers worldwide are increasingly observing a new phenomenon at work. Employees are only briefly appearing at the office, clocking in (or ’badging’), and then disappearing again shortly afterwards. This form of symbolic...more

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

Navigating Labor Inspections in Mexico: Key Information to Consider

Mexico’s Secretariat of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social (STPS)) is responsible for verifying if employers comply with the obligations established in the Federal Labor Law. To do so, the...more

Eversheds Sutherland (US) LLP

The Fifth Circuit Court of Appeals challenges the NLRB’s authority with respect to Thryv Remedies

NLRB’s Remedial Authority - Under Section 10(c) of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) may order employers to cease unfair labor practices and take “affirmative action” to...more

Ervin Cohen & Jessup LLP

The High Price of Delay: California's SB 261 and the Triple Penalty

The landscape of wage enforcement in California has fundamentally changed with the enactment of Senate Bill 261 (SB 261), a law designed to eliminate the otherwise questionable strategy of ignoring wage judgments. ...more

CDF Labor Law LLP

Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies

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Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of...more

Hall Benefits Law

Lyft Pays $19.4 Million to NJ Attorney General’s Office for Driver Misclassification

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The New Jersey Attorney General’s Office has announced that Lyft has paid off the $19.4 million it owed to the state for misclassifying drivers as independent contractors....more

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

German Labor Court Expands Employer Rights to Scrutinize Dismissed Employees’ Job Applications

When an employee in Germany is unlawfully dismissed and successfully challenges the dismissal in court, the employee is generally entitled under Section 615 sentence 1 of the German Civil Code (BGB) to back pay for the period...more

Phelps Dunbar

Fifth Circuit Rejects NLRB’s Expansive View of “Make-Whole” Relief

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The U.S. Court of Appeals for the Fifth Circuit on October 31 issued a significant decision in Hiran Management, Inc. v. National Labor Relations Board, curbing the National Labor Relations Board’s (NLRB) authority to award...more

Fisher Phillips

Backpay Fight Deepens as 5th Circuit Rejects NLRB’s Expanded Remedies – Will the Supreme Court Step In Next?

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A federal appeals court just dealt another blow to the National Labor Relations Board’s effort to expand monetary remedies against employers – and the widening split among federal circuits makes Supreme Court review...more

Marshall Dennehey

First Department Rejects De Minimis Defense, Grants Summary Judgment for Worker’s Fall Under Labor Law 240(1)

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Palumbo v. Citigroup Tech., Inc., 2025 NY Slip Op 04298, July 24, 2025 - The First Department has held that a fall from a height of 10 ½ to 20 inches is not a bar to summary judgment because the height differential is not,...more

Fisher Phillips

Managing Director Personally on the Hook for $2 Million in Wage Violations: 6 Steps to Avoid Liability

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Business owners, executives, and managers need to pay attention to wage and hour compliance or risk personal liability. In a recent ruling under federal and New Jersey wage and hour law, a managing director with some...more

Berkshire

California Pay Transparency Updates for 2026 – SB 642

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California Governor Gavin Newsom has signed into law new legislation that expands upon the 2022 pay transparency law (SB 1162) and the state’s equal pay requirements. These new updates, introduced through SB 642, include an...more

Pullman & Comley - Labor, Employment and...

What the Government Shutdown Means for Federal Employment Agencies

As a result of the current federal government shutdown, several agencies regulating employment — the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB)...more

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