News & Analysis as of

Termination Wages

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Fox Rothschild LLP

Stock Options are Not Wages Under the California Labor Code

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In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price...more

Bricker Graydon LLP

Johnny’s a Thief and Stole the Copier - Can I Deduct it from his Paycheck?

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I’m in my office, talking with Tommy about the terrible MLS schedule. He thinks FCC should not be playing in the knockout stage of CONCACAF to begin the season; “put that game mid-season, we score 3 or 4 goals in the first...more

McDermott Will & Emery

Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?

McDermott Will & Emery on

Geht der Kündigungsschutzprozess für den Arbeitgeber verloren, freuen sich viele Arbeitnehmer auf die rückwirkende Auszahlung des ausstehenden Gehalts: Sie fordern Annahmeverzugslohn. Dabei vergessen sie oft, dass auf den...more

Husch Blackwell LLP

Massachusetts Court Awards Trebling of Late Wage Payments as Damages under Wage Act

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Many state wage-and-hour laws require that employers adhere to strict time requirements regarding payment of compensation owed upon termination, but the Massachusetts high court recently took that to another level....more

Faegre Drinker Biddle & Reath LLP

Massachusetts Employers Be Warned: Telling Employees “Your Wages are Coming, Your Wages are Coming” May Lead to Treble Damages

On April 4, 2022, the Massachusetts Supreme Judicial Court held, in Reuter v. City of Methuen, that employers are strictly liable for treble wages as liquidated damages if they fail to make timely payments upon an employee’s...more

Mintz - Employment Viewpoints

The Massachusetts High Court Holds That Employers Are Now Automatically Liable For Treble Wage Damages for Any Untimely Paid Final...

The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on… Final Payment of Wages to Terminated Employees in California

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California law has specific requirements regarding the payment of final wages to terminated employees. The failure to comply with those requirements can require an employer to pay an individual up to 30 days of pay – known as...more

Zelle  LLP

The California Fair Pay Act

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California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

Miller Canfield

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

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An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wage Deduction From Final Paycheck Narrowly Allowed By Ninth Circuit

Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor...more

Ervin Cohen & Jessup LLP

Final Pay Facts: How To Pay So That You Don’t Pay

A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is...more

Ervin Cohen & Jessup LLP

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

Proskauer - California Employment Law

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is the Severance that Your Company Pays to Fired Workers Taxable? The Supreme Court Will Decide

On October 1, 2013, the Supreme Court of the United States agreed to hear a case concerning whether employees’ severance payments are taxable. The case, United States v. Quality Stores, Inc., came out of the Sixth Circuit...more

K&L Gates LLP

Quick Tips on Dealing with Employment Termination Issues in China

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On June 21, 2013, a United States medical supplies company executive was taken captive by Chinese employees in his Beijing factory. The employees have stated that the owner owes them two months’ back pay and expressed concern...more

Spilman Thomas & Battle, PLLC

Easing the Time-frames: W.Va. Relaxes the Time in which Employer Must Pay Discharged Employees

Because of recently-enacted changes to the West Virginia Wage Payment and Collection Act, West Virginia employers will have more time to pay final wages to discharged employees. Prior to this change, the Wage Payment and...more

Orrick - Employment Law and Litigation

New Developments Regarding Temporary Workers in Germany

German companies rely heavily on temporary workers. Due to fundamental legislative reforms in the mid-2000s, it is possible to pay temporary workers a salary which is below the salary of comparable permanent staff. Therefore,...more

Spilman Thomas & Battle, PLLC

Primer on West Virginia State Law Labor and Employment Claims

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

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