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
retroactive
Massachusetts High Court Rules Treble Damages Provision Not Retroactive
By Noel P. Tripp on
Posted in Massachusetts
While it is generally understood that decisions of courts apply retroactively (as interpretations of the law) while newly enacted statutes do not (as pronouncements of new law) unless expressly provided by the statutory language, challenges to these principles often arise, especially when the decision or enactment modifies recoverable damages. In a victory for employers, Massachusetts’ highest…
NY Appellate Court Holds That World Yacht Applies Retroactively
By Noel P. Tripp on
Posted in New York State
In Samiento v World Yacht, 10 NY3d 70 (2008), the New York Court of Appeals held that whether a labeled service charge is a “gratuity” for purposes of N.Y. Labor Law § 196-d that must be distributed to service staff depends on the “reasonable customer’s” understanding. One of the many questions unanswered by the decision…