Wage & Hour

  • April 08, 2024

    3 Questions For California's Fast Food Council

    The California Fast Food Council has a mandate to reform the fast-food industry, and coming off its first meeting, employment law practitioners have questions about how it can improve upon the state's already robust regulations and whether it will be balanced. Here, Law360 explores three such questions for the council as it gets up and running.

  • April 08, 2024

    Pharmacy Co. Underpaid Overtime, Ex-Worker Claims

    A pharmacy company has not been including shift differentials or bonuses in overtime wage calculations for hourly workers, a former employee alleged in a proposed collective action filed in New Jersey federal court.

  • April 05, 2024

    Neb. Beef Seller Says No Proof It Joined Wage-Fixing Scheme

    A Colorado federal judge gave a Nebraska beef wholesaler another chance to petition for dismissal from a class action accusing it of participating in a meat industry wage-fixing scheme, after the company filed a motion that didn't follow the court's page limit.

  • April 05, 2024

    Tesla Workers Skipped Breaks To Meet Quotas, Suit Says

    Two former warehouse workers hit Tesla with a proposed wage and hour class action Thursday in California federal court, alleging the electric carmaker violated labor laws by not providing sufficient break time, operating an illegal quota system and failing to pay all of their wages.

  • April 05, 2024

    Drivers, Chauffeur Co. Settle OT Suit On Eve Of Trial

    A chauffeur company and a collective of drivers accusing it of failing to pay them all their overtime wages told an Arizona federal judge Friday that they reached a settlement and asked the court to cancel a jury trial that was scheduled for April 16.

  • April 05, 2024

    School District Seeks To Knock Out Teachers' Equal Pay Suit

    A school district asked a Pennsylvania federal judge Friday to toss or at least decertify a collective action alleging it paid male teachers more than women who had similar experience, arguing that the workers couldn't show they had enough in common to justify a group action.

  • April 05, 2024

    DOL Joins DOJ's Artificial Intelligence Fairness Pledge

    The U.S. Department of Labor joined a U.S. Department of Justice pledge to enforce civil rights and related federal laws in the use of automated tools like artificial intelligence.

  • April 05, 2024

    PAGA Repeal Bill On Nov. Ballot May Upend Calif. Labor Law

    A controversial bill going before Golden State voters in November has employment attorneys divided over its plan to replace California's Private Attorneys General Act with new legislation doubling penalties for willful labor-law violators, but leaving enforcement solely to a state agency that has proven ineffective in the past.

  • April 05, 2024

    Reger Rizzo Hit With Race, Gender Bias Suit By Ex-Employee

    Reger Rizzo & Darnall LLP has been sued in Pennsylvania federal court by a former firm legal assistant alleging racial and sex discrimination, and claiming that a hostile, harassing and retaliatory work environment caused her to leave her job.

  • April 05, 2024

    2nd Circ. Spurns DOL Bid To Publish Worker-Friendly Opinion

    The Second Circuit rejected a U.S. Department of Labor request that it publish a nonprecedential opinion concluding that a nurse staffing company's so-called loser-pays arbitration clause was invalid under federal labor law.

  • April 05, 2024

    NY Forecast: Worker's $1 Win In Sex Bias Case At 2nd Circ.

    This week, the Second Circuit will consider a dental hygienist's challenge to a New York federal judge's decision to order a new trial over sexual harassment claims against her former employer that resulted in a jury awarding her $1 in damages. Here, Law360 explores this and other cases on the docket in New York.

  • April 05, 2024

    Arbitration Pact's Lack Of Signature Keeps Wage Suit In Court

    A Texas federal judge refused to send a former swimming pool technician's unpaid overtime suit into arbitration, agreeing with a magistrate judge that an arbitration agreement the worker had to sign wasn't valid because his employer never signed it.

  • April 05, 2024

    Tweak To Colo. Sick Leave Rule Helps Ease Compliance

    A small change Colorado made to its paid sick leave requirement is an example of how the state works with employers to ease compliance, observers told Law360.

  • April 04, 2024

    Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal

    A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.

  • April 04, 2024

    Louisiana Nurses' Attys Sanctioned Over Missed Depositions

    Nurses who abruptly canceled or gave inconsistent testimony at their depositions must pay the hospital they accused of underpaying them nearly $10,000 in sanctions for their lack of cooperation, a Louisiana federal judge ruled Thursday.

  • April 04, 2024

    DOL Defends Federal Contractor Wage Hike At 9th Circ.

    The U.S. Department of Labor told the Ninth Circuit that President Joe Biden had the authority to raise the hourly minimum wage for federal contractors to $15, arguing Thursday that well-settled law confirms that the Procurement Act gives the president broad authority.

  • April 04, 2024

    Wage Law Doesn't Cover Email Seeking Late Pay, Judge Says

    A Virginia federal judge tossed a former client manager's lawsuit alleging the solar power company he worked for fired him after he emailed his supervisor about missing commission payments, saying the email was expressing complaints about compensation owed under a contract, rather than owed under federal law.

  • April 04, 2024

    Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says

    The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.

  • April 04, 2024

    Utility Worker Says Colo. Meter Co. Failed To Pay OT

    A Colorado meter servicing company owes utility locators wages for work they were required to perform before arriving at their work sites and after leaving them, a former worker alleged in a proposed class action filed in state court, saying workers did not receive overtime.

  • April 04, 2024

    Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks

    Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."

  • April 04, 2024

    Pierson Ferdinand Brings On Morgan Lewis Litigator In Philly

    Newly formed Pierson Ferdinand LLP has added a high-stakes employment litigator to its Philadelphia office from Morgan Lewis & Bockius LLP.

  • April 04, 2024

    Okla. Mortuary Pays $463K To Resolve OT Violations

    A mortuary in Oklahoma City paid nearly $463,000 for denying 66 workers, many of whom worked more than 50 hours a week, overtime rates, the U.S. Department of Labor announced.

  • April 04, 2024

    DOL, Mich. Hotel Settle Wage Suit

    A hotel in Michigan will pay $110,000 in back wages and damages to settle a U.S. Department of Labor suit accusing it of not paying workers their full wages, according to an order in Michigan federal court.

  • April 04, 2024

    Telecom Co. Stiffed Tower Techs On Pay, Suit Says

    A telecommunications company did not pay its tower technicians all their wages owed, a group of ex-workers alleged in a proposed collective action in Illinois federal court, saying the company deducted meal breaks they worked through and skimped on overtime premiums.

  • April 04, 2024

    Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit

    The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.

Expert Analysis

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.