As the result of a sweeping “Wage Theft” law (“Law”), which became effective upon enactment on August 6, 2019, New Jersey employers will face toughened penalties and increased exposure for failure to pay wages, benefits and overtime (collectively “wages”) owed to workers. Employers should take immediate notice because any missteps or mistakes may prove extremely costly. In sum, the Law:
- makes employees eligible to receive 200% liquidated damages for all unpaid wages and benefits and recovery of attorneys’ fees and costs;
- permits employees to bring collective ...
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.
The U.S. House Appropriations Committee heard testimony last month in a hearing entitled, “Combatting Wage Theft: The Critical Role of Wage and Hour Enforcement.” Our colleague Paul DeCamp testified at the hearing to provide insight on the concept of “wage theft” and the state of wage and hour enforcement, as well as how these issues affect employers and workers.
On January 24, 2019, Governor Cuomo’s office issued a press release announcing a new proposal to be included in the 2020 Executive Budget aimed at cracking down on wage theft and bolstering the State’s efforts to hold accountable employers who attempt to improperly withhold wages. This proposal would increase the criminal penalties for employers who either knowingly or intentionally commit wage theft violations to bring them in line with other forms of theft.
Presently, only employers who commit repeated wage theft can be prosecuted with a felony. The proposed legislation ...
by Michael S. Kun, Eric A. Cook, and Jennifer A. Goldman
California Governor Jerry Brown has signed two employment-related bills into law, raising the stakes for employers doing business in California. The two laws, which increase the penalties for employers that wrongly classify employees as independent contractors or engage in "wage theft," both go into effect on January 1, 2012.
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Recent Updates
- Federal Appeals Court Vacates Department of Labor’s “80/20/30 Rule” Regarding Tipped Employees
- Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions
- Michigan’s Supreme Court Has Spoken: Expanded Paid Sick Leave, Increased Minimum Wage and Phased Out Tip Credits
- California Supreme Court Concludes That PAGA Plaintiffs Lack Standing to Intervene in Other PAGA Lawsuits
- Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees