News & Analysis as of

Attorney's Fees Employment Litigation Unpaid Wages

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Negligence Not Grounds for Awarding Additional Year of FLSA Overtime Pay

Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

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

California Appellate Court Affirms Attorneys’ Fees for Meal and Rest Break Claims

​​​​​​​On September 12, 2022, the California Court of Appeal held that employees bringing successful rest break and meal period claims are entitled to recover attorneys’ fees under California Labor Code section 218.5. The...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

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

When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck...more

Fisher Phillips

Oregon Supreme Court Decision Reinforces Importance Of Reacting Quickly To Wage Claim Demands

Fisher Phillips on

In a New Year’s Eve decision, the Oregon Supreme Court stripped employer-defendants of a powerful litigation tool in wage claim litigation. In a 5-2 decision, the Supreme Court held that an offer of judgment made pursuant to...more

Littler

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

Littler on

On December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc. and concluded that the “reasonable” attorney fee award permitted under ORS 652.200 cannot...more

Jaburg Wilk

What Should I Do If My Employer Failed to Pay Me Wages?

Jaburg Wilk on

The agreement is simple, you work for your employer and they pay you a fair wage. When your employer fails to pay, you have more options than crossing your fingers and hoping that the money will eventually show up. ...more

Carlton Fields

A Dart Across the Bow

Carlton Fields on

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Polsinelli

Individual Employees Can Be Liable For Civil Penalties And Attorneys’ Fees For A Company’s Failure To Pay Overtime And/Or Minimum...

Polsinelli on

Notwithstanding two previous California Supreme Court decisions which essentially held that “[u]nder the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate...more

Seyfarth Shaw LLP

Delay in Correcting Paycheck Clerical Error Leads to Large Fee Award

Seyfarth Shaw LLP on

Seyfarth Synopsis: An employer did not incur waiting time penalties for inadvertently misstating the amount of pay on a final paycheck, but was liable for its delay in correcting the error. And, by taking an appeal from a...more

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