Wage & Hour

  • April 02, 2024

    SC Pub Pays $126K For Tip Violations

    A restaurant and pub in South Carolina paid nearly $126,000 in back wages to 23 workers for improperly distributing and using tips, the U.S. Department of Labor announced Tuesday.

  • April 02, 2024

    What To Know About Ill. Equal Pay Registration Requirements

    The deadline for employers in Illinois to apply for an equal pay registration certificate — which involves submitting wage and demographic information and attesting that workplace anti-bias compliance is up to snuff — recently passed. Here's what businesses there need to know.

  • April 02, 2024

    Gas Supplier Stiffed Managers On OT Pay, Suit Claims

    A gas supplier has not been paying its branch managers overtime wages, instead paying them a salary and designating them as overtime-exempt, two former managers said in a proposed collective action filed in Pennsylvania federal court.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Fla. Judge Refuses To Pause Wage Rule For H-2A Workers

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.

  • April 01, 2024

    Drivers Tell 9th Circ. LLCs Are Arbitration-Exempt Workers

    A group of Amazon delivery drivers urged the Ninth Circuit to take no notice of a recent decision by the Sixth Circuit that transportation industry LLCs are not exempt from arbitration, saying the decision was wrong on the law and featured drivers who worked under vastly different contracts.

  • April 01, 2024

    Worker Says Mich. School Staffing Co. Underpaid For OT

    A security guard and support worker for at-risk youth in public schools alleged in a proposed class and collective action filed in Michigan federal court that the staffing firm that employed him breached its obligation to pay time-and-a-half wages for overtime work.

  • April 01, 2024

    9th Circ. Revives Janitor's Representative Wage Claims

    The Ninth Circuit reversed a district court's order that dismissed representative claims against janitorial franchiser Coverall North America Inc. under California's Private Attorneys General Act, saying a change in legal precedent allows nonindividual claims to stay in court while individual claims undergo arbitration.

  • April 01, 2024

    Mass. Top Court At A Loss Over 7-Eleven Wage Case

    The top court in Massachusetts on Monday appeared stumped by whether owners of 7-Eleven franchisees should be classified as employees under state law, with one justice calling the issue "almost incomprehensible."

  • April 01, 2024

    SmartRent Workers Get Class Cert. In Unpaid OT Row

    A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.

  • April 01, 2024

    FedEx Driver Collective In OT Suit Disbanded By Judge

    FedEx won its bid to decertify a collective of hundreds of drivers alleging they were illegally deprived of overtime wages, as a Massachusetts federal judge found that the workers were subject to different pay practices and thus did not have enough in common to proceed as a group.

  • April 01, 2024

    Gig Cos. Are Fighting Back Against City Wage Requirements

    As cities add minimum wages for gig workers, gig companies have been responding by altering or threatening to remove their platforms, responses that worker advocates call "retaliation" while management-side attorneys say make sense but risk liability.

  • April 01, 2024

    HP's $18M Age Bias Deal Gets Final Approval​​​​

    A California federal judge placed the final stamp of approval on an $18 million settlement that ends an age discrimination suit alleging tech company HP Inc. unlawfully pushed out hundreds of older workers under the guise of a workforce reduction plan.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Drivers Slam Eve-Of-Trial Arbitration Bid In OT Class Action

    A group of chauffeurs slammed its employer's bid to compel arbitration of unpaid wage claims less than three weeks before the claims are scheduled to go to trial, calling the motion a frivolous, eleventh-hour effort to disrupt trial preparation.

  • March 29, 2024

    Think Tank Says DOL Entitled To Revise OT Exemption Level

    The U.S. Department of Labor doesn't need direct congressional authorization to raise the minimum salary threshold for overtime exemption because such a policy change is neither unprecedented nor economically impactful, a progressive think tank told the Fifth Circuit.

  • March 29, 2024

    Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment

    An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.

  • March 29, 2024

    Gas Worker Is OT Exempt Because 6-Figure Pay Was A Salary

    Employees working on a gas loading facility earning six-figure paychecks are exempt from overtime requirements under federal law because their pay was calculated on a salary basis, a Tennessee federal judge ruled.

  • March 29, 2024

    AT&T Call Center Workers Lose Cert. Bid in OT Suit, For Now

    Call center workers looking to hold AT&T liable for failing to pay them overtime wages were denied collective certification, with an Illinois federal judge ruling they needed to propose a narrower group definition because there was not enough evidence to support a nationwide collective.

  • March 29, 2024

    Fiat Chrysler Can't Get Out Of Workers' Overtime Suit

    Fiat Chrysler must face a proposed collective action by workers accusing the automaker of failing to fully pay overtime wages, with a Michigan federal judge saying Friday that the company's argument improperly attacked the claims' merits rather than whether there was enough proof to keep them in court.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 29, 2024

    Grimaldi's Charges Show Embrace Of Wage Theft Prosecution

    The indictment of the owner and a manager at famed New York City pizzeria Grimaldi's on charges of stealing wages represents a warning to employers and shows a growing recognition that criminal prosecution is an important tool against wage theft, experts say.

  • March 29, 2024

    Virginia Governor Vetoes $15 Minimum Wage Bill

    Virginia Gov. Glenn Youngkin vetoed a bill that would have raised the hourly minimum wage in the state to $15 by 2026, saying it would have jeopardized market freedom and would have been a burden on small businesses.

  • March 29, 2024

    5th Circ. Won't Revive La. Delivery Drivers' OT Suit

    Three Louisiana-based Flowers Foods delivery drivers fit an exemption in federal wage law for workers engaged in interstate commerce "any way you slice it," the Fifth Circuit found as it upheld the dismissal of their overtime lawsuit.

Expert Analysis

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

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    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.