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Wage and Hour State Labor Laws Unpaid Wages

Epstein Becker & Green

New Jersey Wage Theft Act Does Not Apply Retroactively, Per the State Supreme Court

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On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

Saiber LLC

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

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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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Ballard Spahr LLP

New Jersey “Wage Theft”  Amendments Apply Only Prospectively

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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

Fox Rothschild LLP

New Jersey Supreme Court Limits Wage Law Amendments to Prospective Application

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The New Jersey Supreme Court has ruled that amendments to the state’s wage and hour laws passed in 2019 cannot be applied retroactively. As a result, the provisions in the amendments — including imposition of liquidated...more

Amundsen Davis LLC

California’s Supreme Court Makes It Harder For Employees to Recover Penalties In Wage Statement Claims

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On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it...more

Manatt, Phelps & Phillips, LLP

CA Supreme Court Grants Employers Relief on Wage Statement Penalties Under Labor Code Section 226

On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

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

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Venable LLP

Staying Compliant - Avoiding Wage Theft in New York

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In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

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Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

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

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...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

Bowditch & Dewey

Rhode Island Employers Take Note – New Penalties for Wage & Hour Violations Begin January 1, 2024

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As of January 1, 2024, a new amendment to the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (the “Wage Act”) will impose criminal liability for certain wage and hour violations by Rhode Island...more

Littler

Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers

Littler on

Effective January 1, 2024, the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) will make a “knowing[] and willful[]” wage and hour violation punishable as a criminal felony.  Should an...more

Amundsen Davis LLC

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

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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

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Manatt, Phelps & Phillips, LLP

California Appellate Panel Defines ‘Willful’ Wage Nonpayment and ‘Good Faith Dispute’

A California appellate panel has weighed in on premium pay in a decision on remand from the state’s highest court, with an employer-friendly result....more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Manatt, Phelps & Phillips, LLP

Rounding Policy Falls Flat in California

An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

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On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

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

California Appellate Court Affirms Attorneys’ Fees for Meal and Rest Break Claims

​​​​​​​On September 12, 2022, the California Court of Appeal held that employees bringing successful rest break and meal period claims are entitled to recover attorneys’ fees under California Labor Code section 218.5. The...more

Littler

Colorado Enacts Wage Theft Amendments, Increasing Employer Penalties and Permitting Classwide Demands

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Colorado has again modified the state’s wage theft laws with the enactment of Senate Bill 22-161.  Among other things, the wide-ranging amendments increase penalties for employers that do not timely pay wages, allow employees...more

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