Wage & Hour

  • March 25, 2024

    Justices Won't Review Nullification Of Puerto Rico Labor Law

    The U.S. Supreme Court on Monday declined to review a First Circuit finding that Puerto Rico's fiscal management board was within its authority to void a 2022 labor law expanding some benefits for private employees because it had not been given an opportunity to review the legislation.

  • March 25, 2024

    Class Cert. In United Military Leave Suit Will Have To Wait

    An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.

  • March 25, 2024

    How Gov't Contracting Can Help Enforce Labor Standards

    Governments at all levels can use their purchasing power to ensure that private companies meet labor standards, especially when a locality can’t enact wage requirements itself, according to Courtlyn Roser-Jones, an assistant professor at the Ohio State University’s Moritz College of Law. Here, Law360 speaks with Roser-Jones about using contracting requirements to ensure governments do business with employers that comply with employment laws.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Floral Co. Pays Feds $2M To End Migrant Exploitation Action

    A Washington floral wreath and garland manufacturer will pay $1.9 million to close a U.S. Department of Labor probe into allegations that it underpaid and withheld safe housing and transportation from hundreds of temporary migrant workers.

  • March 22, 2024

    States Say Prez Doesn't Have Power To Hike Contractor Pay

    Four states told the Ninth Circuit that the Biden administration's implementation of a $15-per-hour minimum wage for federal contractors was unlawful, arguing that the government misinterpreted a statement of statutory purpose as a mandate for broad regulatory authority.

  • March 22, 2024

    Former Hiller Atty Fights To Keep Entire Wage Suit Standing

    A former cannabis attorney at boutique firm Hiller PC told a New York state judge on Friday that her wage suit should stay in place in its entirety, saying that her contract existence doesn't prevent unjust enrichment claims.

  • March 22, 2024

    Class Of Translation Co. Workers Certified In OT Suit

    A New York federal judge applied a recommendation to certify a class of workers in a lawsuit claiming translation services company TransPerfect underpaid overtime wages, saying a magistrate judge's analysis was thorough, well-reasoned and included no clear errors.

  • March 22, 2024

    NYC Adds More Teeth To Paid Sick Leave Law

    New York City recently added a private right of action to its paid sick and safe leave law, raising the risk that employers could see class action lawsuits if they fail to provide the required time off to employees or document it properly, experts say.

  • March 22, 2024

    NYC Realty Co. Seeks Ax of Building Super's Wage Suit

    A New York realty group asked a federal judge Friday for an early win in a building superintendent's lawsuit alleging he was denied overtime and adequate meal and rest breaks, saying his claims are baseless and he contradicts himself in subsequent court filings.

  • March 22, 2024

    DOL, Miss. Cleaning Co. Settle COVID Pay, Firing Suit

    A Mississippi cleaning service will pay nearly $128,000 in back wages and damages to resolve a U.S. Department of Labor suit accusing it of denying two workers pay as they awaited COVID-19 test results and eventually firing them, according to court papers filed Friday.

  • March 22, 2024

    Walmart OT Suit 'Just Barely' Gets Collective Cert.

    Workers claiming that Walmart and a related entity misclassified them as salaried employees exempt from overtime "just barely" met the requirements to move forward as a collective, a Colorado federal judge ruled Friday.

  • March 22, 2024

    DOL Defends Boosting OT Exemption's Salary Threshold

    The U.S. Department of Labor told the Fifth Circuit that the department has been raising the salary threshold to determine whether employees are overtime-exempt since the Fair Labor Standards Act's inception, urging a panel to keep a Texas federal court's decision.

  • March 22, 2024

    Calif. Forecast: HP's $18M Wage Deal Up For Final Sign-Off

    In the coming week, attorneys should keep an eye out for a California federal court's final approval of an $18 million settlement in an age discrimination class action against HP Inc. and Hewlett Packard Enterprise Co. Here's a look at that case and other labor and employment matters on deck in the state.

  • March 22, 2024

    NY Forecast: Conn. Town Worker Sex Bias Case At 2nd Circ.

    In the coming week, the Second Circuit will consider a former Connecticut town employee's attempt to revive a lawsuit claiming she faced sexual harassment on the job without an adequate response from the town. Here, Law360 explores this and other cases on the docket in New York.

  • March 22, 2024

    NYC Area Flight Attendants Say United Estimates Wages

    United Airlines has not been paying thousands of flight attendants based out of its LaGuardia-Newark hub on a biweekly basis, instead paying an advance that is supposed to reflect the entire month, an ex-worker said in a proposed class action in New York federal court.

  • March 21, 2024

    Wisconsin Gov. Signs Earned Wage Access Bill Into Law

    Wisconsin on Thursday solidified a licensing framework for so-called earned wage access services when Gov. Tony Evers signed a state law regulating the cash-advance products.

  • March 21, 2024

    DOL Says Prevailing Wage Rule Hasn't Hurt Construction Orgs

    The U.S. Department of Labor asked a Texas federal court to dismiss construction industry trade organizations' bid to unwind a 2023 rule revising prevailing wage methodologies for federal construction projects, saying the groups failed to assert viable injuries.

  • March 21, 2024

    Home Health Cos. Stiffed Workers On OT Pay, Suit Claims

    The operators of several Ohio-based home care staffing agencies have been failing to pay their employees for all the overtime hours they worked, according to a recent proposed class and collective action.

  • March 21, 2024

    Manhattan Pizzeria Owner Indicted On Wage Theft Charges

    The owner and a manager of a well-known Manhattan pizzeria were indicted in New York state court Thursday on charges of stealing more than $30,000 in wages from seven employees.

  • March 21, 2024

    BNSF, Worker Settle Sick Leave Firing Suit

    BNSF Railway Co. and a conductor who alleged that he was illegally fired for his use of medical leave have reached a settlement to their Family and Medical Leave Act dispute, according to a notice filed in Washington federal court.

  • March 21, 2024

    Baskin-Robbins Franchisee Fined For Child Labor Infractions

    The U.S. Department of Labor fined a Baskin-Robbins franchisee with eight locations in Utah nearly $50,000 for allowing minors to work later and longer than allowed by law, the agency said Thursday.

  • March 21, 2024

    Colo. Cannabis Dispensary Hit With Wage Theft Class Action

    A former hourly worker for a Colorado-based cannabis dispensary said the company failed to provide employees with mandatory meal and rest breaks or compensate them for those missed breaks, according to a proposed class action in Colorado state court.

  • March 21, 2024

    Va. Governor's Veto Shows Pay Transparency Fight Remains

    The Virginia governor’s recent veto of pay transparency and salary history legislation shows that not all states are ready to advance such requirements, even as worker advocates say they are seeing widespread momentum on the issue. Here, Law360 examines what the veto could mean for the state of the pay transparency movement.

  • March 21, 2024

    Multiple Contractors Pay $1.5M For Wage, Benefit Violations

    Nearly three dozen contractors working on a federal earthquake recovery program on a U.S. Navy base in California paid more than $1.5 million in back wages, damages and fines for denying 413 workers their full wages and benefits, the U.S. Department of Labor said.

Expert Analysis

  • Calif. Independent Contractor Lessons From Grubhub Suit

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    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

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    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.