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In keeping with the State’s “Live Free or Die” motto, the New Hampshire legislature last week took the unusual step of repealing the State’s minimum wage law.  This action, supported by Republican legislators seeking to eliminate what they consider “job killing” regulations, has little practical effect, as the repealed New Hampshire minimum wage was harmonized…

As previously noted here, New York Governor David Paterson has signed into law the Wage Theft Prevention Act.  The new law amends the New York Labor Law to create new recordkeeping obligations for employers, as well as significantly greater damages for violations of the Labor Law than previously were available.  

An expanded analysis…

Business owners, supervisors and managers performing services for corporate entities often believe that liability for wage and hour violations can be imposed solely on the incorporated entity.  To the contrary, as demonstrated by a recent New York Federal Court decision, various theories support individual liability under both federal and, in this case, New York State law.…

The Supreme Court dealt a blow to New York wage-and-hour defendants sued in federal court last week, overruling established precedent requiring plaintiffs bringing New York Labor Law (“Labor Law”) class actions in federal court to waive the 25% liquidated damages “penalty” in order to proceed on a class basis.  In Shady Grove Orthopedic Assocs., P.A. …

While in New York all employees are at-will absent contractual language to the contrary, an employer may (intentionally or unintentionally) create a “contract” with an employee governing certain terms of employment (such as bonus compensation) without destroying the at-will nature of employment.  Properly drafted and agreed upon, such a contract can preclude employees from later…