News & Analysis as of October 16, 2024

Statute of Limitations › Unpaid Wages

+ Follow

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Unlawful Deductions Claims and Tricky Time Limits

BCLP on 8/9/2024

This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

Saiber LLC on 5/23/2024

In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

New Jersey “Wage Theft” Amendments Apply Only Prospectively

Ballard Spahr LLP on 5/21/2024

In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

Local and State Employment Law Update: Minimum Wage Rates and More

Amundsen Davis LLC on 5/16/2023

Several recent changes impacting employers in jurisdictions across the nation are summarized below. Many states and municipalities have increased their hourly minimum wage rates, some to as high as $18.07 per hour. Read the...more

New York Labor Law Creates Joint Liability for Construction Contractors

Hahn Loeser & Parks LLP on 10/14/2021

On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed...more

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on 5/7/2021

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

In FLSA Claims, Second Circuit Tightens Pleading Standard To Extend Statute Of Limitations

Fox Rothschild LLP on 4/29/2021

In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more

Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2021

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations...more

Summary of California Employment Law Changes for 2020

Holland & Hart - Employers' Lawyers on 1/15/2020

AB 5 (Codifies the “ABC” Test for Contractor Status) - AB 5 codifies the “ABC” Test for determining contractor status which was adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of...more

...3, 2, 1 Happy New Year! Countdown to 2020’s 10 New California Employment Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/2/2020

As 2019 winds down, employers operating in California will not want to forget that January 1, 2020, rings in several new California laws affecting the workplace. Here’s a New Year’s Eve countdown of 10 important new...more

New California Labor and Employment Laws for 2020

Holland & Knight LLP on 12/31/2019

In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more

New Laws for California Employers in 2020

Farella Braun + Martel LLP on 12/30/2019

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more

2020 California Employment Law Roundup

Vedder Price on 12/30/2019

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Goodbye 2019, Hello 2020

Stoel Rives - World of Employment on 12/20/2019

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

Reminder: New California Employment Laws Going Into Effect January 1, 2020

Akin Gump Strauss Hauer & Feld LLP on 12/17/2019

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

2020 Vision: California’s New Employment Laws

Sheppard Mullin Richter & Hampton LLP on 10/18/2019

To close out the 2019 legislative season, Governor Gavin Newsom signed dozens of bills into law, which will have lasting impacts for California employers. In addition to the summaries and clarifications from prior blog posts,...more

CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA

ArentFox Schiff on 9/17/2019

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more

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

Littler on 9/12/2019

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

What Employers Need to Know About New Jersey's Tough New Wage Theft Law

Flaster Greenberg PC on 8/19/2019

On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and...more

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

Littler on 8/13/2019

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

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

FordHarrison on 8/12/2019

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

A Dozen Major Employment Law Bills Wind Through the California Legislature

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2019

The California State Senate and Assembly have been busy this year, moving a number of employment law bills through the legislative process. May 31, 2019, was the deadline for either the assembly or the senate to pass a bill...more

California Employment Law Notes - March 2019

Proskauer - California Employment Law on 3/18/2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions

Proskauer - Employee Benefits & Executive... on 9/17/2018

The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid employer contributions. Under Nevada law SB 223, general contractors can be...more

And Now The Bad News: Avalanche of California Bills Continues to Advance

Fisher Phillips on 6/1/2018

As we discussed in our last blog post, California employers received some rare good news in recent days. Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

33 Results

View per page

Page: of 2

Statute of Limitations › Unpaid Wages

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