News & Analysis as of

Wage and Hour Employment Litigation Liquidated Damages

Fisher Phillips

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

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The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more

Polsinelli

New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

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New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay...more

Bond Schoeneck & King PLLC

Second Department Weighs in on Employees Fully Paid But Who Seek Liquidated Damages for Not Being Paid Weekly: You Can’t Get...

On Jan. 17, 2024, the New York State Appellate Division, Second Department decided a pivotal case for employers after years of uncertainty. In Grant v. Global Aircraft Dispatch, Inc., the Second Department decided against...more

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

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Fisher Phillips

Employer’s Internal FLSA Audit Becomes Evidence in Misclassification Claim

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Wage and hour litigation remains one of the top types of litigation filed in federal courts. In 2020, in the midst of a pandemic, plaintiffs filed more than 5,000 Fair Labor Standards Act (FLSA) lawsuits. Because many of...more

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

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

Fisher Phillips

Baltimore Public Library Found Liable In $190K Gender Pay Bias Claim

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A federal court in Maryland recently found that Baltimore City’s Enoch Pratt Free Library, the City’s public library system, violated federal pay equity law and is thus liable for more than $190,000 in backpay and liquidated...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Waives Double Damages During Administrative Investigations

If an employer fails to comply with federal overtime or minimum wage requirements imposed under the Fair Labor Standards Act, it can be held liable not only for unpaid wages, but also for liquidated damages equal to that...more

Proskauer - Law and the Workplace

DOL To Refrain From Seeking Liquidated Damages in Most Pre-Litigation Settlements

Effective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations. The change in policy, announced in Field Assistance...more

Kilpatrick

BREAKING: Department of Labor Ends Pursuit of Pre-Litigation Liquidated Damages

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In a Field Assistance Bulletin released on Wednesday, June 24, 2020, the U.S. Department of Labor Wage and Hour Division announced that it would no longer pursue pre-litigation liquidated damages in enforcement actions...more

Littler

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

Littler on

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

Fisher Phillips

Bad Week For Gig Businesses In Oregon

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Last week was a bad week for gig economy companies in Oregon. It wasn’t just the post-holiday malaise that so many suffer from after having to return to work following a long, relaxing weekend that probably included eating...more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more

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