News & Analysis as of

Labor Regulations Wage and Hour Unpaid Wages

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

Littler

Analyzing and Responding to the Minnesota Attorney General’s Investigations into Employer Pay Practices

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The Minnesota Supreme Court recently reaffirmed the Minnesota attorney general’s broad power to investigate Wage Theft Act and alleged pay practice violations....more

Burr & Forman

11th Circuit Court of Appeals Vacates Employer’s Tip Credit Summary Judgment Victory in Rafferty v. Denny’s

Burr & Forman on

The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...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

Seyfarth Shaw LLP

The Challenge Of Compliance: Part 2

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Last week I declared that most cases of employee underpayments are inadvertent and that businesses, especially large employers, are working on compliance measures....more

Stoel Rives - World of Employment

Goodbye 2019, Hello 2020

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year. Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California,...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

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The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Seyfarth Shaw LLP

Are You Really Protected From Wage-and-Hour Successor Liability in an Asset Purchase?

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Seyfarth Synopsis: In acquiring a company, there is often a tendency to think an asset purchase (as opposed to a stock purchase) guarantees the purchaser will not inherit any liability (so-called “successor liability”). This...more

Polsinelli

Good News, for a Change, for California Employers in Connection with Wage and Hour Cases

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The Courts were kind to California employers in September, 2019, issuing two decisions which substantially reduce the damages which plaintiffs can recover in wage and hour cases. ...more

Seyfarth Shaw LLP

California Employment Legislative Update: Governor Newsom Gets to Work

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Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired...more

Littler

Easily “Shocked”? At Least for Wage Claims, California Supreme Court Lowers Standard for Unconscionability in Arbitration...

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In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable.  Unconscionability has long been a common-law defense to contract...more

Littler

Employers May Face New Challenges and Liabilities for Violating New York’s Frequency of Pay Law

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As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. ...more

Littler

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

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On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country.  As discussed below, the law substantially expands the civil and criminal...more

Littler

Minneapolis Follows the State’s Lead and Enacts its Own Wage Theft Ordinance

Littler on

On August 8, 2019, the Minneapolis City Council unanimously passed the Wage Theft Prevention Ordinance, creating new requirements for Minneapolis employers and giving the Minneapolis Department of Civil Rights enforcement...more

Seyfarth Shaw LLP

New Jersey Passes Landmark Anti-Wage Theft Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” ...more

FordHarrison

New Jersey Passes the Broadest Wage Theft Law in Country With Dire Consequences for Employers

FordHarrison on

On the heels of the broadest Pay Equity law in the country, New Jersey has just passed the broadest wage theft law in the country, which is certain to lead to increased litigation. Unwary employers may not only be facing...more

Littler

Minnesota Wage Theft Law Update

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Minnesota’s wage theft law, which largely went into effect on July 1, 2019, created new documentation and recordkeeping requirements for employers, including a required written notice that must be distributed to employees and...more

Robinson+Cole Health Law Diagnosis

New York Legislature Passes Bill Allowing Employees to Place a Lien on Employer’s Property for Wage Claims

The New York Senate and Assembly recently passed Senate Bill S2844B to strengthen current laws for employees who are victim of wage theft to secure and collect unpaid wages for work already performed from their employers....more

Cozen O'Connor

What Does Your Minnesota Business Need to do to Comply with Minnesota’s new Wage Theft Law?

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Starting today, Minnesota has one of the toughest wage theft laws in the country. The civil portions of Minnesota’s new Wage Theft Law, effective July 1, 2019, require employees to take the following additional actions...more

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