News & Analysis as of

Liquidated Damages Retaliation

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Mintz - Employment Viewpoints

New York State Enacts Changes to Employment-Related Confidentiality Provisions

In an effort to further restrict the use of confidentiality clauses when resolving employment discrimination, harassment, and retaliation claims, New York recently passed S4516, which amends Section 5-336 of the New York...more

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jerry’s Chevrolet for Pay Discrimination and Retaliation

Car Dealership Fires Female Dispatcher Who Complained About Unequal Pay, Federal Agency Says - BALTIMORE – Jerry’s Chevrolet, Inc., an automobile dealership in Baltimore, violated federal law when it paid a female...more

Flaster Greenberg PC

What Employers Need to Know About New Jersey's Tough New Wage Theft Law

Flaster Greenberg PC on

On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and...more

Jackson Lewis P.C.

New Jersey Wage Theft Law Increases Employer Liability For Wage And Hour Violations

Jackson Lewis P.C. on

New Jersey’s Wage Theft Act (WTA) significantly enhances employer penalties under the state’s wage and hour laws by adding liquidated damages and providing extra protections for employee retaliation claims. In addition, the...more

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

Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split

The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently found that punitive and compensatory damages are not available for retaliation claims brought under the federal Age...more

U.S. Equal Employment Opportunity Commission...

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

Sherman & Howard L.L.C.

Liquidated Damages are Discretionary in FLSA Retaliation Case; CEO Held Individually Liable

In Moore v. Appliance Direct, Inc.,* the plaintiffs brought retaliation claims under the Fair Labor Standards Act ("FLSA"). Although the plaintiffs won on their retaliation claim, they ultimately did not recover liquidated...more

Proskauer - Whistleblower Defense

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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

Eleventh Circuit Clarifies Standard for Awarding Liquidated Damages in FLSA Retaliation Cases

The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages for a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used in claims for...more

Akerman LLP - HR Defense

Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit

Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more

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