State Wage Payment Laws Pose Unique Challenges

National Law Journal

While the number of lawsuits alleging violations of the Fair Labor Standards Act (FLSA) has recently skyrocketed, another development in the "wage and hour" sector bears watching: increasing litigation from state wage payment statutes. Moreover, the courts have been forced to analyze statutory language that often lacks specific definitions, regulatory interpretation, and well-developed legal precedent. And the stakes for failing to comply with these ill-defined laws can be high: penalty provisions that subject an employer and select individual officers to both civil and criminal liability. Littler outlines the basic wage payment statutes and case law in four states, highlighting issues of nationwide interest, to help employers navigate this ever-growing body of state law and protect themselves from state wage class-actions.