Wage & Hour

  • 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.

  • March 21, 2024

    Calif. Panel Says PAGA Suit Doesn't Need Individual Claim

    A California panel said a worker can sue an agriculture company under the Private Attorneys General Act even if she didn't advance individual claims under the state law, flipping a lower court's ruling striking her suit.

  • March 21, 2024

    Government Contractor Wants Out Of Exit Pay Suit

    A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 21, 2024

    Construction Workers Get $199K In Back Pay After DOL Probe

    The U.S. Department of Labor recovered more than $199,000 in back wages for 37 workers denied their full wages and benefits by a Massachusetts-based construction subcontractor working on a federally funded project at a U.S. Department of Veterans Affairs medical center in Rhode Island, the DOL said.

  • March 20, 2024

    Bridge Repair Workers Get Partial Cert. In Conn. OT Suit

    A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.

  • March 20, 2024

    Uber Spars With Calif. At 9th Circ. Over Rationality Of AB 5

    The full Ninth Circuit on Wednesday appeared to not lean one way or the other in determining whether California's Assembly Bill 5 is rational or irrational, indicating that the future of the worker classification law remains uncertain.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    3 Areas Where Equal Pay Progress Is Lacking

    Legislation across all levels of government has spurred progress on pay equity but critical gaps persist, such as the limited information employees have on their company's pay practices and the need to think about equal pay beyond compensation, attorneys say.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    Pa. Insurance Broker On Hook For Not Paying Real OT

    A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    NYC Now Lets Workers Sue For Sick Leave Violations

    A New York City law took effect Wednesday that allows workers to sue their employers for safe and sick leave violations without having to file an administrative complaint first.

  • March 20, 2024

    UFC To Pay Fighters $335M To Settle Wage Suppression Suit

    The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.

Expert Analysis

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

    Author Photo

    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.

  • Prepare Now To Comply With NJ Temp Worker Law

    Author Photo

    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

    Author Photo

    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

    Author Photo

    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

    Author Photo

    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

    Author Photo

    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

  • Illinois Paid Leave Law May Create Obstacles For Employers

    Author Photo

    Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
    Author Photo

    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

    Author Photo

    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

    Author Photo

    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

    Author Photo

    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • Eye On Compliance: Cross-State Noncompete Agreements

    Author Photo

    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.