Wage & Hour

  • March 28, 2024

    Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit

    A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.

  • March 28, 2024

    Delivery Co. Says FAA-Mandated Stay Can Mean Dismissal

    A courier company told the U.S. Supreme Court that statutory language compelling courts to stay arbitration-bound cases does not preclude dismissal of those cases, arguing that a strict reading of the word "stay" would improperly strip courts of their discretion to manage their dockets.

  • March 28, 2024

    Mortgage Co. Misclassified Workers As OT-Exempt, Suit Says

    A Michigan mortgage company has not been paying its loan officers, processors, partners and lead generators overtime premiums for the hours they worked over 40 or all their wages earned, two former employees claimed in a proposed collective action filed in federal court.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit

    A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.

  • March 28, 2024

    9th Circ. Affirms Sirius Isn't Liable For Unheard-Of Expenses

    The Ninth Circuit ruled Thursday that a former Sirius XM employee cannot hold the radio company and its streaming service Pandora liable for unpaid expenses they were unaware of, backing a California federal court's decision handing the companies a pretrial win in the worker's proposed class action.

  • March 28, 2024

    NY Racetrack To Pay $850K To End Reclassification Suit

    A racetrack and casino will pay $850,000 to a class of casino dealers who allege they were wrongly reclassified as hospitality workers and paid lower hourly rates, as a New York federal judge granted final approval to a settlement to their wage dispute.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    Amazon Tells 9th Circ. Arbitration Act Doesn't Cover LLCs

    Amazon called the Ninth Circuit's attention to a Sixth Circuit ruling holding that federal arbitration law's exemption for transportation workers does not apply to companies that perform transportation work, saying the circuit should follow suit and send a worker's wage suit against Amazon into arbitration.

  • March 28, 2024

    Okla. Contractor Pays $100K For Misclassifying Workers

    An Oklahoma dirt work contractor paid nearly $100,000 in back wages and damages for misclassifying workers as independent contractors, the U.S. Department of Labor announced.

  • March 28, 2024

    DOL Says Challenge To Prevailing Wage Rule Can't Stand

    The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.

  • March 28, 2024

    Janitor Tells 2nd Circ. Arbitration Award Must Stay Public

    The Second Circuit should reject a cleaning company's argument that a $57,100 arbitration award isn't a judicial document because it tackles the heart of a misclassification suit, a janitor said, saying a Connecticut federal court correctly unsealed the award.

  • March 28, 2024

    Property Co. Must Face Misclassification Claim, Judge Rules

    A California federal judge denied a property preservation company's bid for a pretrial win against a worker who said he was misclassified as an independent contractor, saying there is a credible dispute over whether the company had enough control over his work to be considered his employer.

  • March 28, 2024

    Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive

    Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.

  • March 27, 2024

    USA Today Gets Ex-Site Editor's Suit Moved To Virginia

    An employee misclassification case against USA Today will move from Pennsylvania to Virginia federal court, as a Pennsylvania federal judge ruled that Virginia's convenience to the media company and potential collective members outweighs the venue preference of the worker who brought the suit.

  • March 27, 2024

    Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites

    A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.

  • March 27, 2024

    Home Healthcare Aides Nab Collective Cert. In OT Suit

    A Maryland federal judge granted a group of home healthcare aides conditional collective certification Wednesday in their suit alleging their employer misclassified them as independent contractors to avoid paying them overtime wages, agreeing they had similar duties and were subject to the same pay practices.

  • March 27, 2024

    Chemical Cos.' $3.8M Wage Deal Secures Initial OK

    A California federal judge signed off on a $3.8 million deal to settle claims that agricultural chemical companies Dow AgroSciences LLC and Corteva Agriscience LLC failed to pay workers for on-call time.

  • March 27, 2024

    9th Circ. To Mull Letting Out-Of-State Workers Join Wage Case

    The Ninth Circuit will weigh in on whether workers may pursue unpaid wage claims by joining collective actions in forum states to which they have no personal connection after granting Cracker Barrel Old Country Store Inc.'s request to appeal a collective certification order.

  • March 27, 2024

    Discovery Halted Pending Home Health Co.'s Dismissal Bid

    A New York federal judge agreed to stay discovery pending a home healthcare company's forthcoming bid to toss a home health aide's lawsuit alleging the company failed to pay its aides on a weekly basis as required for manual workers in the state.

  • March 27, 2024

    Calif. Restaurant Must Pay $2M After State Labor Probe

    A restaurant in California will pay $2 million for denying 32 workers their full wages over three years, the California Labor Commissioner's Office announced.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Calif. High Court Gives Guideposts For What Counts As Work

    The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.

  • March 27, 2024

    NJ AG Says Teachers On Maternity Leave Faced Possible Bias

    The New Jersey attorney general's office said Wednesday that its Division on Civil Rights preliminarily concluded that a public school district may have violated discrimination laws by preventing women on parental leave from coaching extracurricular activities.

  • March 27, 2024

    Atlanta Immigration Firm Accused Of Not Paying Paralegal OT

    An Atlanta immigration law firm is facing a lawsuit in Georgia federal court from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working upward of 40 hours per week.

Expert Analysis

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.