News & Analysis as of

Wage and Hour Breach of Contract

Cooley LLP

From Employee to Plaintiff: What to Do When You Get Sued by a Former Employee in the US

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Getting sued by a former employee can be a stressful experience for any employer, especially for a company that has just started to grow its workforce and is not experienced with these kinds of claims. Unfortunately, the cost...more

Farrell Fritz, P.C.

The Importance of Filing a Notice of Claim Against A Village: CPLR 9802 - A Trap for the Unwary Litigator

Farrell Fritz, P.C. on

Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Allen Matkins

Court Of Appeal Holds Stock Options Are Not Wages, But Damages Need Not Be Measured At The Time Of Breach

Allen Matkins on

As an employee of Skillz Inc., Gautam Shah received awards of stock options.  Under the Skillz plan, Mr. Shah could exercise his vested options within three months of his termination of employment.  However, his options...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Epstein Becker & Green

Wage War: Massachusetts Trial Court Rejects Globe Ex-President’s Profit-Sharing Claim Disguised as Wage Act Violation

On January 31, 2024, a Massachusetts trial court dismissed a claim against the Boston Globe alleging that the newspaper violated the commonwealth’s Wage Act by failing to pay an executive’s 2020 profit-share which the...more

Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

Cranfill Sumner LLP on

In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

Littler on

In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Fox Rothschild LLP

Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues

Fox Rothschild LLP on

I have handled many commission cases, where someone sues, claiming they are owed commissions. The key issue in such cases is to determine if there is a written contract and then to ascertain what the vesting provisions for...more

Jackson Lewis P.C.

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C. on

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully...more

Lathrop GPM

Franchise Memorandum - Issue #270

Lathrop GPM on

Second Circuit Affirms Dismissal of Franchisees’ Minimum Wage and Unjust Enrichment Claims - A divided panel of the Second Circuit Court of Appeals has concluded that claims of improper wage deductions and unjust...more

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

Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

ArentFox Schiff on

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

Hogan Lovells

Employment News: PHI, age discrimination, breach of contract

Hogan Lovells on

What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more

Littler

Littler Global Guide - European Union - Q4 2019

Littler on

EU Approves Directive on Whistleblowing and Internal Channels for Reporting - New Legislation Enacted - On October 23, 2019, the European Parliament approved the Directive of the European Parliament and of the Council...more

Fisher Phillips

California Court Rules That Food And Beverage Service Charges May Qualify As Gratuities

Fisher Phillips on

A California appellate court just held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a form of a gratuity. The October 31, 2019...more

Farella Braun + Martel LLP

Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...more

Payne & Fears

Pizza Hut Delivers a Win for Employers: Reimbursement Claims are Not Automatically Excluded from Coverage by a Policy's "Wage &...

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The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more

Haight Brown & Bonesteel LLP

Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a...more

Payne & Fears

Key California Employment Law Cases: February 2019

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This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more

Weintraub Tobin

California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent...

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Can an employee sue the employer’s payroll service for failure to correctly process and report payroll? According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817, the answer...more

Jackson Lewis P.C.

Payroll Company Not Liable Under Third Party Beneficiary Doctrine

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On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty...more

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