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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”...