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Minimum Wage Labor Law Violations

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

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A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Seyfarth Shaw LLP

2023 FLSA Litigation Metrics & Trends

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Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more

Whitcomb Selinsky, PC

Understanding a Court Opinion: Employees' Claims Dismissed in SCA Case

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The AFC Case: Analyzing a Service Contract Act Dispute in Government Contracting - The United States Court of Appeals, Ninth Circuit, recently addressed a contract dispute involving employees of AFC, a successor...more

Troutman Pepper

Massachusetts AG Announces $1.3M in Citations Against Local Company for Wage Violations

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Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations....more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...more

Smith Gambrell Russell

New York Wage Theft Claims: New Developments

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New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For...more

Troutman Pepper

Massachusetts AG Reaches $6.8M Settlement with Operator of MGM Casino for Alleged Violations of State Wage and Hour Laws

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Massachusetts Attorney General (AG) Andrea Joy Campbell has announced a $6.8 million settlement with the operator of an MGM resort and casino known as MGM Springfield for the entity’s alleged violations of the Massachusetts...more

Buchalter

Coming In 2024: Proposed New Employment Laws Affecting California Employers

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As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

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In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Littler

En Banc Nevada Supreme Court Clarifies State Record-Keeping and Minimum Wage Notice Requirements

Littler on

In a recent decision, the Nevada Supreme Court provided guidance on how employers must maintain wage records and inform employees of minimum wage rate adjustments.  On December 30, 2021, the Nevada Supreme Court issued a 6-0...more

Coblentz Patch Duffy & Bass

New California Laws Affecting the Workplace in 2022: What You Need to Know

As with every new year, California rolled out new laws affecting the workplace beginning January 1, 2022. Below is a summary of some of the most relevant changes that may affect your business. As always, please reach out to...more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Franczek P.C.

Illinois More than Doubles Penalties for Wage & Hour Violations

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Wage and hour violations in Illinois just got a lot more expensive. On Friday, July 9, 2021, Governor Pritzker signed an amendment to the Illinois Wage Payment and Collection Act that increases the penalty for underpaying...more

FordHarrison

Wilson et al. v. The Avengers as Successor to Strategic Homeland Intervention, Enforcement, and Logistics Division

FordHarrison on

I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its...more

Franczek P.C.

The First 100 Week 14: Pro-Labor and Judicial Nominations Continue and DOL Focuses on Worker Status, Pushes for More...

Franczek P.C. on

In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more

Littler

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

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It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

Littler

DOL Ends Payroll Audit Independent Determination (PAID) Program for Employers

Littler on

The U.S. Department of Labor (DOL) has announced the immediate termination of its Payroll Audit Independent Determination (PAID) program. The PAID program began in March 2018 as a pilot program to allow employers an...more

Cohen Seglias Pallas Greenhall & Furman PC

New Administration, New Labor Laws: An Overview for 2021 and Beyond

President-elect Joseph Biden campaigned on a robust platform of labor and employment legislation. With a 50-50 split in the Senate, Vice President-elect Kamala Harris can be expected to break any ties on the Senate floor....more

Carlton Fields

Arbitration Provision Survives Agent Termination

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Has the judicial preference for presuming the survivability of arbitration clauses governing workplace disputes reached canonical status? According to the U.S. District Court for the Eastern District of Arkansas, the answer...more

FordHarrison

DOL Reminder to Employers this Holiday Season

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On November 27, 2019, the U.S. Department of Labor (“DOL”) issued a reminder to employers to be mindful of wage and hour requirements this holiday season.  As the holiday season ramps up, so does the number of temporary and...more

Proskauer - Law and the Workplace

Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful

On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Jaburg Wilk

Department of Labor Audit, Now What?

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The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...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

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