News & Analysis as of

Late Payments

Porter Hedges LLP

Understanding the Texas Prompt Payment Act

Porter Hedges LLP on

The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

DarrowEverett LLP on

Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Mayer Brown

State Of Sao Paulo Announces First Notice For Paying Debts With Discounts

Mayer Brown on

On February 7, 2024, the State of São Paulo published Resolution PGE/SP No. 06/2024, which regulates the transaction of tax or non-tax debts incurred as overdue liability with the state. Among other relevant provisions, the...more

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

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

Husch Blackwell LLP

CFPB Report Finds College and University Tuition Payment Plans May Pose Risks to Consumers

Husch Blackwell LLP on

Building on the Consumer Financial Protection Bureau’s (CFPB’s) September 2022 Supervisory Highlights on student loan servicing (questioning transcript withholding practices), the CFPB issued a September 2023 report on...more

Sullivan & Worcester

EU Commission Proposes New Late Payment Regulation – Evolution or Revolution of the EU Late Payment Regime?

Sullivan & Worcester on

On 12 September 2023, the European Commission proposed a new EU Regulation on combatting late payments in commercial transactions which will revise and replace EU Directive 2011/7/EU (the Late Payment Directive). The...more

Pillsbury Winthrop Shaw Pittman LLP

California Courts Continue Allowing Employees and Consumers to Return to Court Following Late Payment of Arbitration Fees

Some cases have limited California’s statutory right to withdraw from arbitration based on late fee payments, but many others have enforced this strict rule, making timely payment of arbitration fees and carefully worded...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

Venable LLP on

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

Buchalter

CFPB Proposes Limiting Credit Card Late Fees to $8 Per Late Payment

Buchalter on

On February 1, the CFPB issued a proposed rule to cut the “safe harbor” amount that banks and credit card companies can charge for late fees. If finalized, the proposed rule would reduce the maximum safe harbor limit for...more

Patton Sullivan Brodehl LLP

Default Interest Based on Single Late Payment Declared Unenforceable

It is not uncommon for loan agreements to provide for fees, penalties, and default interest in the event of the borrower’s late payment. However, a case recently published by California’s First Appellate District — Honchariw...more

Saiber LLC

The Saiber Construction Law Column: July/August 2022

Saiber LLC on

The June 2022 edition of OnSite Magazine discussed the case of J&M Interiors v. Centerton Square Owners, which addressed a subcontractor’s right to be paid under New Jersey’s Prompt Payment Act (“PPA”). Several months after...more

Freeman Law

IRS Tax Penalties and the Tax Professional Reliance Defense

Freeman Law on

IRS Tax Penalties and the Tax Professional Reliance Defense - No one wants to pay federal taxes. And this truism applies more so with respect to federal tax penalties. Accordingly, clients often call upon their tax...more

Verrill

Massachusetts Employers Beware: Any Late Wage Payment Means Liability for Triple Damages

Verrill on

Last month, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that any late payment of wages by an employer results in strict liability for treble damages under the Wage Act. Prior to this ruling,...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

Perkins Coie on

Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules Employer Must Pay Treble Damages on Late Wage Payments

Foley Hoag LLP on

On April 4, 2022, the SJC held that employers must pay treble damages on late wage payments, even if the employee has not filed a Wage Act complaint with the Office of the Attorney General or a court before the payment is...more

Nelson Mullins Riley & Scarborough LLP

Reviewing Late Payments for an Ordinary Course Defense

You have a contract with Company Slow Pay/No Pay.  You provide Company Slow Pay/No Pay with goods, and Company Slow Pay/No Pay pays you for those goods.  Over the past year, you notice that Company Slow Pay/No Pay has become...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Freeman Law

Reasonable Cause: An Estate’s Defense Against IRS’s Late-Filing Penalties

Freeman Law on

The Internal Revenue Code (the “Code”) contains over 150 civil tax penalties for various conduct and non-conduct. One common group of penalties, associated with the late filing of a tax return and the late payment of tax,...more

Bilzin Sumberg

New Florida Law Increases Interest Rates for Late Payments for Certain Construction Services and Imposes Criminal Penalties for...

Bilzin Sumberg on

The 2021 Florida Senate Bill 378 became effective as of July 1, 2021, and implemented major changes for owners, municipalities, and other local government entities that pay contractors for construction services in Florida,...more

Vinson & Elkins LLP

Getting Paid: Mitigating Non-Payment Risks And Deploying “Self-Help” Remedies Under UAE Law

Vinson & Elkins LLP on

One of the biggest risks on any construction project is non-payment. This article sets out contractual measures to mitigate non-payment risks and describes “self-help” remedies to obtain payment under United Arab Emirates...more

Ballard Spahr LLP

CFPB issues consent order against auto finance company regarding interest charged on late payment of loss damage waiver fee

Ballard Spahr LLP on

The CFPB recently issued a consent order against 3rd Generation, Inc., doing business as California Auto Finance (California Auto), regarding interest charged on consumers’ late payment of the fee charged for California...more

Cozen O'Connor

Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic

Cozen O'Connor on

On March 11, 2021, the Pennsylvania Public Utility Commission voted to take additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania. ...more

Shutts & Bowen LLP

Update: Same court again takes hard line on late rent payment into courtregistry

Shutts & Bowen LLP on

We previously wrote about a case in which a Florida appellate court strictly applied the statute requiring a commercial tenant to pay rent into the court registry during an eviction proceeding. The appellate court noted that...more

Chambliss, Bahner & Stophel, P.C.

Received a Late Payment IRS Notice? What to Do Now

The IRS is swamped with unopened mail; however, they did not stop sending notices to clients about late payments and/or late filings until this week. In some cases, they have included an insert with the notice to explain that...more

Hogan Lovells

COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Hogan Lovells on

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured...more

61 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide