What Money Damages Are Available In A Personal Injury Claim?
The New Jersey Supreme Court has ruled that amendments to the state’s wage and hour laws passed in 2019 cannot be applied retroactively. As a result, the provisions in the amendments — including imposition of liquidated...more
In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more
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
Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court...more
When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more
In Washington, the first quarter of 2022, which included the regular legislative session, has included various updates and adjustments to Washington’s wage and hour and related reporting laws....more
In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more
Through a new Executive Order, President Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees...more
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
California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. The Labor...more
Late in the afternoon on Friday, August 28, Treasury issued Notice 2020-65 providing guidance implementing President Trump’s Executive Memorandum on social security payroll tax deferral (Payroll Tax Deferral). President...more
On August 8, 2020, President Donald Trump issued a memorandum, which establishes a “lost wages assistance program” to help workers affected by the COVID-19 pandemic by dipping into the U.S. Department of Homeland Security’s...more
In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more
The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more
On March 4, 2019, the Supreme Court issued a decision in BNSF Railway Co. v. Loos, which ostensibly was limited to the Federal Employers’ Liability Act (FELA). However, FELA is incorporated by reference in the Jones Act,...more
On March 4, 2019, the U.S. Supreme Court held in BNSF Railway Co. v. Loos that a railroad’s payment to an employee for work time lost due to an on-the-job injury is taxable compensation under the Railroad Retirement Tax Act...more
On March 4, 2019, the Supreme Court of the United States decided BNSF Railway Co. v. Loos, No. 17-1042, holding that a railroad’s payment to an employee for lost wages due to an on-the-job injury is taxable “compensation”...more
Interrogatories submitted to the jury are painstakingly negotiated by trial counsel. But what should you do if the jury goes off on its own, awarding damages that are beyond the scope of the interrogatories and evidence...more
The CFPB and its Acting Director are facing a proposed class action lawsuit alleging discrimination against minority and female workers based on allegations of lesser pay and fewer promotions than their white male...more
Seyfarth Synopsis: In Sali v. Corona Regional Medical Center, No. 15-5640, 2018 U.S. App. LEXIS 11497 (9th Cir. May 3, 2018), a three judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s...more
Most employers receive a garnishment from time to time, and some employers receive a lot of them. It is the employer’s legal obligation to administer garnishments exactly, and liability arises for the employer for...more
Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who...more
If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more
Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more
University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more