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Employer Liability Issues Attorney's Fees

Proskauer - Employee Benefits & Executive...

“Boomerang” Indemnification/Advancement-Gilbert v. Unisys

Under Delaware law, executives (and former executives) may be entitled to indemnification and advancement from their employer for claims arising in connection with their employment. These rights to indemnification/advancement...more

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

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It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

CDF Labor Law LLP

Importance of FAA in California Employment Arbitration Agreements Underscored

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Employers may be able to breathe a sigh of relief as a California Court of Appeal concluded that the Federal Arbitration Act (“FAA”) preempts state law that allowed employees to wriggle out of arbitration and win thousands of...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

Shook, Hardy & Bacon L.L.P.

New York City’s Latest Amendments on Earned Sick and Safe Time Provides a Private Right of Action Including Compensatory Damages,...

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Stokes Wagner

You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

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Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more

Littler

Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement

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In Escano v. Innovative Financial Partners, LLC, a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9...more

Eversheds Sutherland (US) LLP

Illinois plaintiffs’ attorneys find new tool in old genetic privacy law

Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more

CDF Labor Law LLP

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

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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

Fox Rothschild LLP

Employers Using Restrictive Covenants Face Greater Risk Come the New Year!

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Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a state where the...more

Sherman & Howard L.L.C.

Second Circuit Provides Important Reminder to Employers Regarding Overtime Risks

Employers who rely on their workers to identify and report overtime as a prerequisite for payment may be setting themselves up for significant liability. As the U.S. Court of Appeals for the Second Circuit recently reminded...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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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

Goldberg Segalla

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

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Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that...more

Dunlap Bennett & Ludwig PLLC

What Do I Do If My Boss Owes Me Money?

Time is your most valuable commodity. Whether on the clock, salaried, or self-directed (self-employed, contractors, etc.), most people trade time for money. Maybe your employer has traded back some of your time to you as...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

Payne & Fears

Key Employment Law Case Summaries: August 2022

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Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) - Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct that...more

Amundsen Davis LLC

Employers Beware: Egregious Behavior During Collective Bargaining Can Lead to Paying Attorney’s Fees to the Union

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In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees...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

Miller Nash LLP

Washington Court of Appeals Expands Possibility for Attorney’s Fees Claim Under Wage Statute as Separate Cause of Action

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In the recently published Reeves v. Mason County, Division III of the Washington Court of Appeals expanded the availability of a standalone suit to recover attorney’s fees accrued when an employee successfully recovered lost...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

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

ArentFox Schiff

Massachusetts Limits State Wage Awards Citing FLSA Preemption

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On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies...more

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