News & Analysis as of

Wage and Hour Employee Rights Employment Litigation

Seyfarth Shaw LLP

New Jersey Supreme Court Finds Commissions Are Considered “Wages” Under State Law

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On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more

Seyfarth Shaw LLP

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

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A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of...more

Vedder Price

The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law

Vedder Price on

On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as...more

Dechert LLP

The Employment Edit – Issue 10 – March 2025

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Welcome to the tenth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at: ...more

Frantz Ward LLP

Ohio Federal Court Preliminarily Approves $20 Million Settlement for Kroger Wage and Hour Lawsuit

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On February 20, 2025, Judge Jeffrey P. Hopkins of the U.S. District Court for the Southern District of Ohio entered an order preliminarily approving a $20.8 million settlement in a collective and class action lawsuit by...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip On … California Wage Statements

While California employers may be generally aware of the nine requirements for wage statements, a careful review of the nuances of each of those requirements is necessary to ensure compliance under Labor Code section 226....more

Littler

UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims

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A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could...more

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

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The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

Morgan Lewis

UK Employment Law 2024 Year in Review and a Look Forward to 2025 Webinar: Key Takeaways

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The UK Employment Rights Bill introduces expanded worker protections, including stronger day-one rights and stricter requirements for preventing workplace harassment. Employers will also need to navigate upcoming national...more

BCLP

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

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Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We...more

Clark Hill PLC

Colorado Court of Appeals Says Employers May Not Deduct Product Fees That Are Costs of Business From an Employee’s Wages

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The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....more

Morgan Lewis

Washington Supreme Court Clarifies Limits on Employers’ Anti-Moonlighting Agreements

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The Supreme Court for the State of Washington issued a decision in David v. Freedom Vans LLC expanding the state’s prohibition against anti-moonlighting covenants for low-wage workers. The court held that employers may not...more

U.S. Equal Employment Opportunity Commission...

LeoPalace Resort to Pay Over $1.4 Million in EEOC National Origin Discrimination Lawsuit

GUAM – LeoPalace Guam Corporation, doing business as LeoPalace Resort, a major hotel and resort on the U.S. territory of Guam, will pay $1,412,500 and provide equitable relief to settle a national origin discrimination...more

McAfee & Taft

Paying for workday travel for non‑exempt employees

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Employers are not required to pay non-exempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. However, travel time during the workday is often...more

Bond Schoeneck & King PLLC

The Frequency of Pay Split Amongst the Courts May Be Remedied by Legislative Fix

Under New York Labor Law Section 191, individuals who fall under the broad definition of “manual worker” must receive their wages weekly. There is currently a split among the courts as to whether manual workers have a private...more

Cooley LLP

From Employee to Plaintiff: What to Do When You Get Sued by a Former Employee in the US

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Getting sued by a former employee can be a stressful experience for any employer, especially for a company that has just started to grow its workforce and is not experienced with these kinds of claims. Unfortunately, the cost...more

Parker Poe Adams & Bernstein LLP

Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more

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

Employer Reminder: Ontario Election 2025 - Employees’ Right to Time Off to Vote Under the Election Act

On January 28, 2025, Ontario Premier Doug Ford requested that Lieutenant Governor Edith Dumont dissolve Ontario’s Legislative Assembly, triggering an election for Ontarians to elect Members of Provincial Parliament. That...more

Dorsey & Whitney LLP

Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

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On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Mayer Brown

Recent Decision May Open the Door for UK Holiday Pay Claims Going Back More Than Two Years

Mayer Brown on

An interesting employment tribunal decision has been handed down in the case of Afshar and others v Addison Lee: https://shorturl.at/Svqn3. In finding that the Addison Lee drivers were workers and not self-employed, the...more

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

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The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

CDF Labor Law LLP

Court Approves Attorney’s Fees for Employees Who Successfully Appealed Labor Commissioner’s Denial of Unpaid Wages Claim

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In Villalva v. Bombardier Mass Transit Corp., employees Mark Villalva and Bobby Jason Yelverton initially filed a claim for unpaid wages relating to on-call pay with the Labor Commissioner’s office, who denied their claim and...more

Clark Hill PLC

Washington Supreme Court Says Employers May Not Unreasonably Restrain Employees From Working for Competitors

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In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more

Falcon Rappaport & Berkman LLP

WARN Update: Delaware Bankruptcy Court Issues Decision Analyzing the Application of the WARN Act in Chapter 11

The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of a plant closing or a mass layoff. A company’s failure to provide...more

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