A new decision from the U.S. Court of Appeals for the Eighth Circuit is consistent with the rulings of several lower courts in holding that an individual employed in violation of the Immigration Reform and Control Act (IRCA) because he or she is not authorized to work in the United States is still entitled to
liquidated damages
Congress Confirms Perez As Secretary of Labor, Employers Brace for Agenda
By Noel P. Tripp on
Posted in Department of Labor
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…
Eleventh Circuit Rules Liquidated Damages Discretionary, Not Automatic, in FLSA Retaliation Cases
By Noel P. Tripp on
Posted in Damages, Retaliation
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…
Jackson Lewis Coverage of President Obama’s Reelection: Wage/Hour Implications
By Noel P. Tripp on
Posted in Department of Labor
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:
·…
WTPA Damages Provision Not Retroactive
By Noel P. Tripp on
Posted in New York State
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…
New York’s Wage Theft Prevention Act: Expanded Coverage
By Noel P. Tripp on
Expanded Jackson Lewis coverage of New York’s Wage Theft Prevention Act is now available here.
Wage Theft Prevention Act: Expanded Coverage
By Noel P. Tripp on
Posted in New York State, Recordkeeping
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…
New York Enacts State-Wide “Wage Theft” Act
By Noel P. Tripp on
Posted in New York State
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…