Tag Archives: liquidated damages

Congress Confirms Perez As Secretary of Labor, Employers Brace for Agenda

After an at times testy and contentious confirmation proceeding, on July 18 the United States Senate confirmed President Obama’s nomination of Thomas Perez as the new Secretary of Labor, replacing the departed Hilda Solis. Some Republican Congressmen had questioned Perez’s conduct in a qui tam action in Minnesota.  Mr. Perez’s Senate confirmation vote was the result … Continue Reading

Eleventh Circuit Rules Liquidated Damages Discretionary, Not Automatic, in FLSA Retaliation Cases

Addressing a divided body of law, the Court of Appeals for the Eleventh Circuit — where numerous FLSA actions are brought particularly within the state of Florida — has ruled that a Florida district court did not err when it declined to award 100% FLSA liquidated damages to several plaintiffs who prevailed at a jury … Continue Reading

Jackson Lewis Coverage of President Obama’s Reelection: Wage/Hour Implications

As touched upon in Jackson Lewis’ coverage of the employment law implications of President Obama’s reelection, employers are likely to see a continuation of the Department of Labor’s practices from the past four years during the next four. Per Jackson Lewis partner and former DOL Wage and Hour Administrator Paul DeCamp, these include: ·         Completion of … Continue Reading

WTPA Damages Provision Not Retroactive

New York’s Wage Theft Prevention Act does not apply retroactively to violations occurring before the April 2011 effective date (regardless of whether suit already had been filed or not), according to a decision from the Eastern District of New York. Quintanilla v. Suffolk Paving Corp., 2012 U.S. Dist. LEXIS 132469 (E.D.N.Y. Sept. 17, 2012). The Court … Continue Reading

New York Enacts State-Wide “Wage Theft” Act

On December 13, New York Governor David Paterson signed into law the “Wage Theft Prevention Act,” a bill which provides new and expanded protections for workers under the New York State Labor Law.  Among other provisions, the new law (which takes effect in 120 days) includes the following provisions: ·         An increase in the liquidated … Continue Reading
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