News & Analysis as of

Lost Wages

Harris Beach Murtha PLLC

Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also...more

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

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more

BakerHostetler

‘Medical Marijuana, Inc. v. Horn’ - Supreme Court To Decide Reach of Civil RICO’s Treble Damage Provision

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In October 2024, the Supreme Court heard oral arguments in Medical Marijuana, Inc. v. Horn, a case poised to resolve a circuit split over whether economic harms resulting from personal injuries (such as lost wages) are...more

Amundsen Davis LLC

NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices Limited by Federal Court of Appeals Decision

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On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

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A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

Maison Law

Recovering Lost Wages After a California Car Accident

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In California, if someone else was at least partially at fault for a car accident that you were involved in, you can receive compensation for lost wages. The reason for this is because lost wages are included in the...more

Hendershot Cowart P.C.

NLRB to Employers: Make Sure Non-Competes Are Lawful, Or Compensate Employees For Financial Harm

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On October 7, 2024, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB) issued a memo urging field offices to root out unlawful non-compete provisions and remedy the harmful effects. “Whether...more

Marshall Dennehey

Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes...

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Goyco v. Progressive Insurance Company, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) - Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state...more

Maison Law

Important Steps to Filing a Personal Injury Claim in California

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Filing a personal injury claim involves much more than filing the complaint in court. Much of the work lies in the preparation of your claim. The steps below can help you strengthen your case and avoid pitfalls that might...more

Ward and Smith, P.A.

North Carolina Passes First Helene Emergency Relief Legislation

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The House and Senate passed the legislation unanimously yesterday afternoon, and Governor Cooper moved quickly to sign the bill into law this morning, making the bill effective today, October 10, 2024. House Bill 149...more

Keating Muething & Klekamp PLL

NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements

This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Goldberg Segalla

Fraud Doesn’t Pay In New York — May 2024 Update — 3rd Anniversary Edition

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As a part of our Quarterly Practice Group Update, we are pleased to share our next installment of examples demonstrating our continued success in the area of fraud litigation. This report was originally conceptualized nearly...more

Fox Rothschild LLP

New Jersey Supreme Court Limits Wage Law Amendments to Prospective Application

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The New Jersey Supreme Court has ruled that amendments to the state’s wage and hour laws passed in 2019 cannot be applied retroactively. As a result, the provisions in the amendments — including imposition of liquidated...more

J.S. Held

The Difference Between Lost Wages and Lost Income Analyses From a Forensic Accountant’s Viewpoint

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Forensic accountants are frequently retained to evaluate economic damages arising from a multitude of circumstances. These engagements require a set of specialized knowledge unique to the facts of the particular case. In many...more

Dorsey & Whitney LLP

Don’t Let a Tight Labor Market Get Your Guard Down

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In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more

Carlton Fields

New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

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In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – August 2023 Update

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An Overview of Recent Decisions Demonstrating the Board’s Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment showing our continued...more

Sands Anderson PC

What is My Vaccine Injury Claim Worth? Show Me the Money!

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In recent months, I’ve had an influx of calls where people want to know the potential value of a vaccine case and what their odds are of winning. In the interest of transparency, when first getting a call about a case I...more

Miller Nash LLP

Washington Court of Appeals Expands Possibility for Attorney’s Fees Claim Under Wage Statute as Separate Cause of Action

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In the recently published Reeves v. Mason County, Division III of the Washington Court of Appeals expanded the availability of a standalone suit to recover attorney’s fees accrued when an employee successfully recovered lost...more

Goldberg Segalla

Fraud Still Doesn’t Pay in New York—May 2022 Update

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Key Takeaways - Under certain conditions, the Workers’ Compensation Board can disqualify a claimant from receiving lost time benefits, according to New York Workers’ Compensation Law 114-a Claims can be overcome when...more

Michigan Auto Law

Does my Insurance Cover an Accident Outside of Michigan?

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If you’re going to be taking a road trip outside of Michigan, it is important to know what your legal rights are in the event that you are involved in an out-of-state auto accident. Can you sue the at-fault driver who...more

Fisher Phillips

Surprise! Don’t Let an Office Birthday Party Cost You $450,000

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You may recall the Seinfeld episode where Elaine Benes consumes a $29,000 piece of cake from the 1937 wedding of the Duke and Duchess of Windsor. A birthday cake from an office party in Kentucky may have that pricey wedding...more

Jackson Lewis P.C.

State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

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Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court...more

Jackson Lewis P.C.

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

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When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more

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