Workforce Bulletin

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 ...

By Michael Kun

If employers with operations in California believed that they could not possibly face more wage claims than they already do, they can think again.

The California Department of Labor Standards Enforcement (“DLSE”) – the state agency that addresses wage claims – has launched a new website designed to notify employees of their rights and explain how to file claims:

http://www.wagetheftisacrime.com/What-We-Do.html#laborCommissioner

The website provides detailed information about the various types of claims individuals may bring, and how to bring ...

By Jennifer Nutter

Until recently, California retail employers could leverage the threat that employees suing them for nonpayment of wages (including sales commissions), fringe benefits, or health and welfare or pension fund contributions would have to pay the employer’s attorneys’ fees in the event that the claim was unsuccessful.  Labor Code Section 218.5 provided that the court “shall” award the “prevailing party” its attorneys’ fees in such cases (assuming a request was made at the beginning of the suit).

It had long been argued by attorneys representing ...