News & Analysis as of

Attorney's Fees State Labor Laws

Procopio, Cory, Hargreaves & Savitch LLP

PAGA Reform Deal Announced by Governor Newsom: Placebo or Panacea?

In a move aimed at balancing the interests of businesses and workers, California Governor Gavin Newsom and legislative leaders unveiled an agreement on June 18, 2024, to reform the Private Attorneys General Act (PAGA). Once...more

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

Davis Wright Tremaine LLP

New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 4 " California and Non-Competes - It's a No-Go"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the fourth day of the holidays, my labor and employment...more

CDF Labor Law LLP

Valentine’s Day “Gift” For Employers With California Employees That Work Under Noncompete Agreements

CDF Labor Law LLP on

In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Drug Tests and Attorney's Fees

This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). ...more

Goldberg Segalla

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Goldberg Segalla on

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Fisher Phillips

Massachusetts High Court: Employers Are on the Hook for Triple Final Pay Even When Payment is Made Before Claim is Filed

Fisher Phillips on

In yet another gift to plaintiffs’ attorneys, the Massachusetts Supreme Judicial Court just held yesterday that employees are entitled to automatic triple damages for late final wage payments even where the employer pays the...more

Vinson & Elkins LLP

Illinois Non-Competes: Is Two Years of Employment Required?

Vinson & Elkins LLP on

Can an employee working for an Illinois company bust their non-compete by resigning after 1 year and 364 days of employment? The new year brought with it an attempt by the State of Illinois to resolve that question with a...more

Proskauer - California Employment Law

California Voters May Deal a Fatal Blow to PAGA

Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”). On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule and a...more

Proskauer - California Employment Law

California Employment Law Notes - November 2021

Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more

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

Governor Pritzker Signs Illinois Noncompete Legislation Into Law

On August 13, 2021, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 672, an amendment to the Illinois Freedom to Work Act. While the law codifies substantive Illinois common law on restrictive covenants, it...more

Seyfarth Shaw LLP

Nevada Amends Non-Compete Statute Protecting Low-Wage Workers and Imposing Award of Attorneys’ Fees for Certain Violations

Seyfarth Shaw LLP on

As changes in restrictive covenants laws sweep the nation, Nevada is one of the latest jurisdictions to update its non-compete statute. Last month, the state legislature amended the Nevada Unfair Trade Practices Act to add...more

Jackson Lewis P.C.

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

Sheppard Mullin Richter & Hampton LLP

New Employment Laws to Look Out for in 2021

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws...more

Fox Rothschild LLP

Employers’ Litigation Strategies Must Evolve In The New Year As California Laws Change

Fox Rothschild LLP on

How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I...more

Sheppard Mullin Richter & Hampton LLP

AB 1947’S New Filing Period for DLSE Claims and Attorney’s Fees Provisions: Coronavirus Legislation in Sheep’s Clothing?

Amid a bevy of legislation crossing the Governor’s desk directly relating to the ongoing public health crisis, Governor Newsom approved AB 1947 with little public fanfare, but significant implications for employers. The new...more

Miles & Stockbridge P.C.

Non-Disclosure Agreements and Arbitration Clauses in the #MeToo Era

With the proliferation of the #MeToo movement in late 2017 came concerns over the role that employment contracts and settlement agreements played in concealing abuse by high-level executives. Confidentiality, non-disclosure...more

Pillsbury Winthrop Shaw Pittman LLP

2019 – New York’s Summer of Sweeping New Workplace Discrimination and Harassment Protections

New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers. New York State has enacted...more

Proskauer - Law and the Workplace

Illinois Enacts Workplace Transparency Act

On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after...more

Fenwick & West LLP

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

Fenwick & West LLP on

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

Kramer Levin Naftalis & Frankel LLP

New York State Adopts Additional Laws to Combat Discrimination and Harassment

The New York State Legislature passed several bills at the end of its 2019 session which, yet again, will impact New York employers. Some of the new legislation further amends laws that were implemented last year, which...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide