News & Analysis as of

Wages Penalties

ArentFox Schiff

An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

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In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’...more

King & Spalding

Amendments to the Saudi Labor Law

King & Spalding on

On 6 August 2024, the Council of Ministers approved amendments to the Kingdom of Saudi Arabia (“KSA”) Labor Law and its Implementing Regulations. These will come into force on 19 February 2025, 180 days after being published...more

Holland & Hart LLP

FMV for Provider Contracts: Regulatory Standards

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As a general rule, healthcare employers are required to pay employed physicians and other contracted providers fair market value (FMV) for their services, but many employers do not understand relevant regulatory standards. ...more

DarrowEverett LLP

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

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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

Farella Braun + Martel LLP

Navigating California Wage Statement Penalties After Naranjo v. Spectrum Security Services, Inc.

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and...more

Davis Wright Tremaine LLP

California Supreme Court: Employees Are Not Entitled to Wage Statement Penalties When Employer Acted in Good Faith

Earlier this week, a unanimous California Supreme Court held that employers have a viable good faith defense to claims for statutory penalties arising out of wage statement violations. The Court's decision, in Naranjo v....more

Payne & Fears

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

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The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....more

Proskauer - California Employment Law

Abused California Employers Score A Rare Victory!

The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more

Venable LLP

CRD's New Pay Data Reporting Requirements

Venable LLP on

California law requires private employers of 100 or more employees or remote workers hired through labor contractors to annually report pay, demographic, and other workplace data to California's Civil Rights Department (CRD)....more

Foley & Lardner LLP

Illinois Imposes New Requirements on Employers Who Use Staffing Agencies

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Illinois employers who use staffing agencies should take note. The state’s Day and Temporary Labor Services Act (the “Act”), which was last revised by the General Assembly in 2017, was significantly amended this past...more

Payactiv

Consumer Protection Priorities in Earned Wage Access Legislation

Payactiv on

In recent years, earned wage access (EWA) – an innovative technology that enables workers to access their own, already earned wages without having to wait for payday – has rapidly become a table stakes employee benefit. By...more

Perkins Coie

Chicago Passes Sweeping Paid Leave Ordinance

Perkins Coie on

The city of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the ordinance) on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be...more

Pillsbury Winthrop Shaw Pittman LLP

DC Non-Compete and Anti-Moonlighting Law to Take Effect October 1, 2022

A new DC law restricts DC employers from entering into non-compete agreements with employees earning less than $150,000 as of October 1, 2022, whereas the prior iteration of the law would have imposed a near universal ban on...more

Nilan Johnson Lewis PA

New York’s City of Ithaca and Westchester County Join the Wave of Pay Transparency Laws

Nilan Johnson Lewis PA on

New York City’s pay transparency law is making waves through New York as two local governments passed similar legislation. The first to follow suit was the city of Ithaca, which enacted an almost identical pay...more

Smith Gambrell Russell

Meal and Rest Period Premium are “Wages” that Must be Reported on Wage Statements, and Paid Timely

Smith Gambrell Russell on

On May 23, 2022, the California Supreme Court issued its opinion in Naranjo v. Spectrum Security Services, Inc., concluding that the one hour of additional compensation that is owed to an employee who does not receive a...more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Employers Take Note: Requirements For Wage Payment Have Been Updated

The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more

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

Minneapolis Wage Theft Ordinance to Go Into Effect on January 1, 2020

Joining a chorus of cities and states addressing concerns involving employers’ failure to properly calculate employees’ pay, or to pay them at all, allowing employees to work “off the clock,” or take unauthorized or illegal...more

Carlton Fields

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

Seyfarth Shaw LLP

Prompt Payment Required – Doesn’t Matter If Fired, Retired, Or Resigned

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court holds that employers must promptly pay final wages owed to employees who quit, including those who retire, or risk paying steep statutory penalties under California Labor Code...more

Proskauer - Employee Benefits & Executive...

IRS Confirms California “Waiting Time Penalties” Are Not Wages For Federal Income Tax Purposes

A recent IRS information letter confirms that “waiting time penalties” paid under California law are not wages for federal income tax withholding purposes. Section 203 of the California State Labor Code imposes penalties on...more

BakerHostetler

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

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Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county...more

Cozen O'Connor

IRS Says It Will Penalize Employers Dumping Employees into Obamacare

Cozen O'Connor on

Before the ink on the Affordable Care Act was dry, prudent employers were analyzing the law to identify ways to save money and avoid many of the punitive aspects of the law....more

Ervin Cohen & Jessup LLP

Labor Commissioner Liens on Real Property

One of the laws that was passed in California in 2013 that did not receive much media attention was Assembly Bill 1386. AB 1386 amended Labor Code section 98.2 to give the Labor Commissioner additional means to collect wages...more

Ervin Cohen & Jessup LLP

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

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

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

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