LexisNexis® Legal Newsroom
Calif. High Court: Unpaid Wage Penalties Not Recoverable Under Section 17200

SAN FRANCISCO - The California Supreme Court unanimously ruled Nov. 18 that statutory penalties for unpaid wages are not recoverable as restitution under the state's unfair competition law (UCL), Business and Professions Code Section 17200 ( Jorge A. Pineda v. Bank of America , No. S170758, Calif...

NJ reaffirms that officers may be personally liable for unpaid wages

Want another reason not to enter into a long-term contract with an employee? Most employment arrangements in the United States are at-will. That is, the employee may be fired (or may quit) at any time for any reason. Conversely, a term employment agreement is for a specific period of time (usually...

Can My Business In New York Discharge, In Bankruptcy, Employees’ Claims for Unpaid Wages?

In general, yes. Employees’ claims for wages, salaries or commissions earned before the filing of a corporate employer’s bankruptcy petition are dischargeable, unless such pre-petition wage claims are debt for “willful and malicious injury by the debtor [the employer] to another entity...

Employer Without Notice of Off-the-Clock Work Not Liable for Unpaid Wages

This week a California court issued a favorable decision for the employer in an off-the-clock case, holding that the employer was not liable to the plaintiff for work the plaintiff performed off-the-clock because there was no evidence that the employer knew about the off-the-clock work. While this is...

New Law Renders the Ten Largest Members of Each Limited Liability Company in New York Personally Liable to Workers for Unpaid Wages

On December 29, 2014, New York State Governor Andrew Cuomo signed into law Assembly Bill 8106-C / Senate Bill 5885-B (the “Act”) . Among other changes to current law, the Act renders the ten members with the largest percentage ownership interest of each limited liability company (“LLC”...