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Wages Unpaid Wages

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

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

Troutman Pepper

Arizona, Kentucky, and Hawaii Become Latest States to Introduce Legislation to Regulate Earned Wage Access Products

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Recently, Arizona, Kentucky, and Hawaii have jumped on the bandwagon to regulate earned wage access (EWA) products and services. Arizona’s proposed bill makes clear that EWA services are not considered to be loans or money...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

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Benesch

New Legislation Introduced to Protect and Expand Employee Rights and Benefits in New York

Benesch on

On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”...more

Holland & Hart - Employers' Lawyers

Can An Employee Apply Unused PTO Towards a Repayment Obligation?

Question: Our employee owes us money and has told us she wants the value of her paid time off (PTO) applied to her repayment obligations. Can we do this? What is required to pull the money from her paycheck?...more

Weintraub Tobin

Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest...

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Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in...more

CDF Labor Law LLP

Complying with Wage and Hour Obligations in the Face of Crisis

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The recent seizure and shutdown of two prominent regional banks – Silicon Valley Bank and Signature Bank – highlights for employers the issues that an unexpected liquidity crisis may bring. And, it’s not just banking...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....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

Fox Rothschild LLP

The Concept of “Manual Workers:” A Vagary Of New York Law

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When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the workers doing this type of work are non-exempt people...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

Jackson Lewis P.C.

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

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When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more

Miller Nash LLP

Washington’s New Statutory Wage Lien: How Wage Liens Impact Secured Creditors’ Rights

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Washington’s recently enacted Washington Wage Recovery Act, SB 5355 (the “Act”), creates a new statutory lien for employees’ unpaid wage claims against their employers. The Act has significant implications for employees,...more

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

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more

BCLP

In Colorado, Employers May Giveth - But They May Not Taketh Away

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Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more

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

Minnesota Employer’s Handbook Disclaimer Fails on PTO Policy Under Wage Payment Statute

Minnesota employers will be heading back to the drawing board to revise their handbook disclaimers. The Minnesota Supreme Court now requires specific language in policies that set out the terms and conditions for payment of...more

Allen Matkins

California Governor Signs "Wacky" Successor Liability Bill Into Law

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Suppose you had a ne'er-do-well family member with whom you have not spoken in years.  Suppose further that your family member has a minority interest in a restaurant and that you happen to be a vice president of an unrelated...more

Allen Matkins

California Poised To Enact Wacky Successor Liability Statute

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I have previously written about California Assembly Member Lorena Gonzalez's bill, AB 3075, that would would make successor employers liable for their predecessors' unpaid wage judgments.  Last week, Assembly Member Gonzalez...more

Miles & Stockbridge P.C.

New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor’s Employee Wages

Last month, Virginia’s General Assembly enacted a new law that makes contractors on large construction projects liable for unpaid wages owed to their subcontractors’ employees. Senate Bill 838, codified at Virginia Code §...more

Seyfarth Shaw LLP

Are You Really Protected From Wage-and-Hour Successor Liability in an Asset Purchase?

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Seyfarth Synopsis: In acquiring a company, there is often a tendency to think an asset purchase (as opposed to a stock purchase) guarantees the purchaser will not inherit any liability (so-called “successor liability”). This...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

Seyfarth Shaw LLP

A Day Late and Potentially Many Dollars Short: NY Appellate Court OK’s Liquidated Damages in Late Payment Case

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Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more

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