Wage & Hour

  • February 21, 2024

    Charter Must Produce Docs Or Face Sanctions In OT Lawsuit

    Charter Communications ducked sanctions for its failure to turn over documents related to allegations that it misclassified trainee employees as overtime-exempt, but a California federal court warned the telecommunications firm that sanctions would be forthcoming if the requested documents were not.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    Concrete Co., Workers Solidify $2M Wage Settlement

    A New York federal magistrate judge gave the final signoff to a $2 million settlement ending a class and collective action alleging that a concrete company failed to pay workers overtime wages, saying the deal is a reasonable conclusion to the lawsuit.

  • February 21, 2024

    Transpo Manager Can't Seek Damages With Pending OT Claim

    A former dock manager for the U.S. Postal Service's transportation supplier can't collect 6% in liquidated damages while his overtime claim is pending, an Ohio magistrate judge ruled, saying the court was bound by Sixth Circuit precedent.

  • February 21, 2024

    Hawaii Security Co. Pays $167K For Misclassifying Workers

    A Hawaii security company paid more than $167,000 for misclassifying employees as independent contractors, the U.S. Department of Labor announced. 

  • February 21, 2024

    Restaurateurs, Ex-Workers' Wage Settlement OK'd

    A Maryland federal judge placed the final stamp of approval on a settlement between executives of a restaurant owned by celebrity chef Mike Isabella and former staff accusing them of shorting their wages, saying the terms are sufficient and in the best interests of the class members.

  • February 21, 2024

    Ill. County Can't Escape 911 Dispatchers' OT Suit

    An Illinois county can't escape claims that it failed to pay 911 dispatchers overtime when they worked more than 40 hours a week because it is not exempt under a section of the Fair Labor Standards Act, an Illinois federal judge ruled.

  • February 21, 2024

    Texas Restaurant Pays $160K For Tip, OT Violations

    A San Antonio restaurant paid nearly $160,000 for denying 26 workers their full wages, the U.S. Department of Labor announced. 

  • February 21, 2024

    GoDaddy, Ex-Worker Agree To Arbitrate Off-Shift OT Suit

    An Arizona federal judge dismissed an ex-employee's suit accusing internet domain registry GoDaddy of requiring customer service staffers to perform work without pay after the parties told the court the suit must go into arbitration.

  • February 21, 2024

    Texas Home Healthcare Cos. Pay $1M For Wage Violations

    Two home healthcare companies in Texas paid more than $1 million in back wages for denying 859 workers their full wages, the U.S. Department of Labor announced. 

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    High Court Won't Pick Up Medical Drivers' Class Status Row

    The U.S. Supreme Court declined Tuesday to review the D.C. Circuit's determination that a lower court must take another look at its finding that a group of nonemergency medical transportation drivers have enough in common to proceed as a class in their wage and hour action against their employer.

  • February 20, 2024

    Utah Court Won't Say If Worker Can Waive Collective Rights

    A home security company can't yet force a technician to pursue claims for overtime pay on an individual rather than collective basis, as a Utah federal judge held that it was unclear whether a document containing a collective waiver provision governed an employment relationship.

  • February 20, 2024

    5th Circ. Hands Independent Contractor Rule To Lower Court

    The Fifth Circuit sent a challenge to the U.S. Department of Labor's actions related to an independent contractor rule back to a Texas federal court, tossing the lower court's decision against the department and giving four groups a chance to renew their claims.

  • February 20, 2024

    Posner Says Ex-Staffer's 'Lies' Warrant Harsh Sanctions

    Retired Seventh Circuit Judge Richard Posner is asking an Indiana federal judge to impose "the most severe sanctions" against a noted pro se litigant who claims Posner reneged on a promise to pay him to run a short-lived pro bono services organization, saying the man has repeatedly lied during litigation and improperly accused opposing counsel of perjury.

  • February 20, 2024

    Amazon Agrees To Pay $5.5M To End COVID Screening Suit

    A group of California Amazon warehouse workers asked a federal judge to approve a $5.5 million settlement resolving a proposed collective action accusing the e-commerce giant of failing to pay workers for time they spent undergoing pre-shift COVID-19 screenings, saying it will provide them with all their alleged unpaid wages.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Cosmetics Co. Accused Of Paying Manual Laborers Biweekly

    A skincare and cosmetics chain does not pay its hourly workers wages every week as required by New York labor law, a former sales associate said in a proposed class action complaint filed in federal court.

  • February 16, 2024

    Landscaping Co. To Pay DOL $1M To Close Out Wage Action

    A New York landscaping company admitted that it withheld proper overtime and accurate wage statements from workers and agreed Friday to pay the U.S. Department of Labor about $1 million to end an enforcement action.

  • February 16, 2024

    Uber Tells Court To Disregard Pa. AG's Brief In Wage Suit

    Uber urged a Pennsylvania federal court on Friday to disregard the state attorney general's amicus brief filed in a wage case that will decide whether UberBlack limo drivers are employees or independent contractors, saying the attorney general's involvement is superfluous.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    $1.7M COVID Screening Suit Deal Gets Final OK

    A group of lab testing companies and California employees who say they were denied pay for COVID-19 screenings have ended their wage dispute, as a California federal judge granted final approval to a $1.7 million settlement.

  • February 16, 2024

    Sephora Says NY Ruling Conceals Suit Over Late Wages

    A recent New York appeal court's decision makes it clear workers can't lodge late payment claims against their employers, Sephora told a New York federal court, urging it to toss two workers' suit that the beauty chain didn't pay them on time.

  • February 16, 2024

    Workers Urge Judge To Nix Third-Party Suit In Wage Case

    A worker accusing a delivery service of misclassifying him as an independent contractor urged a California federal judge to toss the company's third-party complaint against his company, saying the delivery company wants to shift the blame and costs or scare the worker into axing his suit.

Expert Analysis

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.