Despite passage in June by both chambers of the New York State Legislature, legislation repealing the 2011 Wage Theft Prevention Act’s “annual wage notice” has yet to take effect. In fact, as of this writing, Governor Cuomo has not been presented with the bill for signature. Because the legislation only takes effect 60 days after
penalty
Supreme Court Reinforces Its Shady Grove Ruling Limiting Application Of State Procedural Waiver Requirements In Federal Court Actions
By Noel P. Tripp on
Posted in Class Actions
On the heels of its ruling in Shady Grove regarding the inapplicability of state procedural rules in federal court (discussed here), on April 19, 2010, the Supreme Court issued a decision reviving another dismissed class action. In Holster v. Gatco Inc., Case Number 08-1307, the Court granted the appeal petition of an individual…
Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal Court
By Noel P. Tripp on
Posted in Class Actions, New York State
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. …