Allan S. Bloom and Rebecca E. Raiser of Paul Hastings discuss the New York Wage Theft Prevention Act, which increases by fourfold the amount of liquidated damages an employee or the Commissioner of Labor can recover in an action for unpaid wages, amplifies employers’ existing notice and wage statement requirements, and expands both the substantive protections and the remedies available to employees under the anti-retaliation provisions of the Labor Law.
Steven M. Knecht, special counsel at Kramer Levin Naftalis & Frankel, writes that recent decisions rendered by the U.S. Supreme Court regarding retaliation – each of which were decided in favor of the employee – have led to much commentary that summary judgment with respect to such claims has become more difficult, but an analysis of the Second Circuit recent case law confirms its continued acceptance with respect to retaliation claims when appropriate.