News & Analysis as of

Wage Deductions

Employment Standards Code Changes are Effective January 1: Are You Ready?

by Field Law on

As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family-Friendly Workplaces Act come into effect on January 1, 2018. Employers should take...more

Happy New Year? 2018 Brings New Minimum Wage & Exempt Thresholds For New York Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New York employers are facing a host of changes in 2018, including an increase to the minimum salary amounts for exempt status and increases in the minimum wage. ...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

What Can You Get for $535?

by Fisher Phillips on

An expensive lawsuit. Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more

House Tax Bill Would Gut Deferred Compensation Plans and Curtail Executive Pay Deductions

by McDermott Will & Emery on

The US House of Representatives Committee on Ways and Means proposed Tax Cuts and Jobs Act intends to reduce corporate and individual tax rates. To pay for the proposed changes, the House Tax Bill would, if enacted,...more

Tenth Circuit Vacates ARB Whistleblower Decision

On October 17, 2017, the Tenth Circuit overturned the ARB’s decision in favor of complainant for want of protected activity under SOX. Dietz v. Cypress Semiconductor Corp., No. 16-9529 (Oct. 17, 2017). This decision rolled...more

Exploring Wage Deductions in California, Massachusetts, New York and Washington, D.C.

Employers often struggle over compliance with state wage deduction laws, and these potential violations carry with them considerable penalties. In Massachusetts, for example, employers face triple damages for violations of...more

401(k)/403(b) Loan Borrowers – Check Your Paystubs!

by Foley & Lardner LLP on

A recent tax court case, Louelia Salomon Frias, v. Commissioner, TC Memo 2017-139, illustrates why it is good practice to verify that employee loan repayments have been timely deducted. Plan Loan Requirements. An employer...more

Reforma al Reglamento para la Imposición de Multas por el INFONAVIT

by Littler on

El pasado 25 de agosto de 2017 se publicó en el Diario Oficial de la Federación el Decreto por el cual se reforman y adicionan diversas disposiciones sobre la imposición de multas por el incumplimiento de las obligaciones...more

Mexico: New Regulations on Fines for Noncompliance with INFONAVIT Law

by Littler on

A new decree, published in the Official Gazette on August 25, 2017, amends several provisions regarding the imposition of employer fines for non-compliance with Mexico's INFONAVIT law. The Instituto del Fondo Nacional de la...more

New York Issues Final Paid Family Leave Law Regulations

by Littler on

The New York Paid Family Leave Benefits Law (“PFLBL”), passed last year and effective January 1, 2018, will provide eligible employees with a paid, job-protected leave of absence, starting at 8 weeks in 2018 and eventually...more

New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA

by Carlton Fields on

Plaintiffs, former insurance agents for defendants New York Life Insurance Company and its related companies, brought a putative class action seeking recovery for allegedly illegal wage deductions and violations of overtime...more

PFLL Withholding Begins - New York employers may begin deducting from employees’ pay to fund paid family leave

New York’s Paid Family Leave Law (PFLL), the most expansive paid leave law in the nation, goes into effect on January 1, 2018. Leave pursuant to the PFLL will be funded entirely through payroll deductions. To ensure that...more

Holiday pay: Series of deductions broken by a three-month gap

by Dentons on

Calculating holiday pay has become more complex over the past few years. Key cases include Bear Scotland Ltd v. Fulton and Lock v. British Gas, which focus on the issue of whether payments such as certain overtime, commission...more

Employment News - June 2017

by Hogan Lovells on

Not all in a day's work – strikes and pay deductions - The Supreme Court in Hartley v King Edward VI College has ruled on how a day's pay should be calculated when making deductions from the pay of teachers who took part...more

Steps for Solving the Wage Deduction Dilemma

by Akerman LLP - HR Defense on

Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost...more

Labour and Employment Alert: Highlights of Bill 17: Alberta's Fair and Family Friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and...more

Wage and Hour Pitfalls Part 1: What You Need To Know

by Farrell Fritz, P.C. on

1. Employers Must Pay “Manual Workers” Weekly. In New York, employers are required to pay manual workers weekly. A “manual worker” includes “a mechanic, workingman or laborer” or individuals who spend more than 25% of...more

Fulton and anor v Bear Scotland Ltd

by Dentons on

The EAT has confirmed that a gap of more than three months between non-payments or underpayments of wages breaks the ‘series’ of deductions for the purpose of bringing an unlawful deductions from wages claim. ...more

Proposed Regulations Issued for New York State Paid Family Leave Law

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018....more

Deductions: Can an employer deduct money from an employee’s salary to recover damages or losses?

by Dentons on

Employers may be tempted to get an employee to pay for the cost of damages or losses which he or she causes by simply deducting the money from his or her salary. This would be a handy way to hold employees to account and to...more

Kentucky Enacts Right-to-Work Law

by Littler on

Over the weekend, Kentucky lawmakers passed a right-to-work bill, which was promptly signed by Governor Matt Bevin. The new law took immediate effect on January 9, 2017, making Kentucky the 27th state in the nation and the...more

SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints

The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more

Watch the Employer Deductions — Except for One Special Case

by Shipman & Goodwin LLP on

Connecticut has pretty strict rules that employers must follow if they want to take deductions off of an employee’s salary. Typically, an employer must seek CTDOL approval for all sorts of deductions, which I covered back in...more

New York Employment Law Roundup: October & November 2015

by Reed Smith on

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

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