Wage & Hour

  • April 29, 2024

    NYC Medical College Asks Court to Toss Unpaid OT Suit

    A Bronx, New York, medical college urged a federal judge to throw out a former research coordinator's proposed class and collective action alleging he and his co-workers worked 45- to 50-hour weeks without overtime wages, saying the ex-worker didn't point to specific weeks in which he failed to receive overtime.

  • April 29, 2024

    Wells Fargo Didn't Pay For Out-Of-Shift Work, Suit Says

    Wells Fargo has for years enforced a companywide policy that denies overtime pay to workers tasked with opening and closing its branches, according to a lawsuit filed by a former employee at one of the bank's Atlanta-area locations.

  • April 29, 2024

    Calif. Judge OKs $1M Deal In Strawberry Pickers' Wage Suit

    A California federal court gave the first sign-off to a $1 million deal that would end hundreds of strawberry pickers' claims that they were forced to work at unsafe speeds for allegedly little pay.

  • April 29, 2024

    DOL Issues Guidance On Using AI In The Workplace

    The U.S. Department of Labor issued guidance Monday on how employers can carefully use artificial intelligence, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

  • April 29, 2024

    Ga. Judge Won't Approve $37K Settlement In FLSA Suit

    A Georgia federal judge has refused to approve a settlement between a corporate office furnisher and a former employee who says he was fired after complaining about being stiffed for hundreds of hours of compensable work, finding two provisions in the deal make it impossible to approve.

  • April 29, 2024

    DOL Wants Quick Win In Pa. Care Co. Wage Suit

    The U.S. Department of Labor urged a Pennsylvania federal judge on Monday to grant it a pretrial win in its case accusing a private healthcare agency of failing to pay in-home caregivers overtime and minimum wages, saying the workers are protected by federal wage law.

  • April 29, 2024

    Anthem Seeks Early Win, Decertification In OT Suit

    Insurance company Anthem asked a Georgia federal judge to grant it a quick win in an unpaid overtime suit and to decertify a class of nurses, saying it had properly classified the nurses as overtime-exempt and that they fit multiple exemptions to federal overtime laws.

  • April 29, 2024

    Pizza Delivery Drivers' Expense Dispute Reopened

    A suit accusing a pizza company of under-reimbursing drivers that took a trip to the Sixth Circuit will be back on track in Michigan federal court after a federal judge granted the parties' bid to reopen the case.

  • April 29, 2024

    Ohio Call Center Worker Says Energy Co. Stiffed OT Wages

    Dominion Energy Ohio required its call center workers to do between 10 and 40 minutes of pre-shift work without paying them for it, according to a new proposed collective action filed in Ohio federal court.

  • April 29, 2024

    Fla. Furniture Manufacturer Pays $101K For OT Violations

    An outdoor furniture manufacturer in Florida paid nearly $101,000 in back wages, damages and fines for denying workers their overtime rates, the U.S. Department of Labor announced Monday.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    AECOM, Construction Workers Settle Pay Suit In NY

    A group of construction workers told a New York federal judge Friday that they reached a settlement to end their suit claiming AECOM and one of its units paid them late and owed them overtime, saying the deal would prevent them from being left empty-handed.

  • April 26, 2024

    Ex-Mass. Trooper Handed 5 Years For No-Work OT, Tax Fraud

    A former Massachusetts state trooper convicted of stealing overtime pay, lying on his taxes and cheating to get student aid for his son was sentenced Friday by a federal judge to five years in prison for his leadership role in the sprawling overtime fraud scheme.

  • April 26, 2024

    HCA Owes OT, Break Wages, Ex-NC Hospital Worker Says

    A longtime respiratory therapist at a western North Carolina hospital accused the system's owners of manipulating employees' time sheets to remove hours they worked and automatically deducting lunch breaks workers couldn't take in a proposed collective action filed in federal court.

  • April 26, 2024

    Hospital Staffing Firm Can't Back Out Of PAGA Settlement

    An emergency services provider must follow a deal settling physicians' claims under California's Private Attorneys General Act, a state appeals panel ruled, rejecting the company's argument that a U.S. Supreme Court ruling could have forced those claims into arbitration.

  • April 26, 2024

    Flight Attendants Seek Class Status In FMLA Penalty Suit

    Former and current Southwest flight attendants have asked a California federal judge for class status in their suit claiming the airline punished workers who took family or medical leave by blocking them from improving their disciplinary records, arguing that their allegations are best resolved collectively.

  • April 26, 2024

    Trucking Firm Sues To Block Independent Contractor Rule

    A trucking company that hires owner-operators wants to stop the U.S. Department of Labor's new independent contractor rule from taking effect, saying it replaces a relatively simple test with an open-ended one that makes it unclear whether workers must be treated as employees, opening employers up to wage violations.

  • April 26, 2024

    Calif. Restaurants Pay $254K For Wage Violations

    The owner and operator of four California restaurants paid more than $254,000 in back wages, damages and fines for willfully denying 10 workers overtime and minimum wages, the U.S. Department of Labor said.

  • April 26, 2024

    Ex-BP Commodities Trader Says Co. Reneged On Bonus

    A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.

  • April 26, 2024

    Citizens Bank Says It Properly Factored Commissions Into OT

    A group of mortgage loan officers' claim that Citizens Bank did the math wrong when calculating their overtime can't stand, the bank said, telling a Pennsylvania federal judge that the way it considered commissions in overtime complies with state law.

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    3 Ways The FTC's Noncompete Ban Will Affect Employers

    The Federal Trade Commission's recently finalized rule imposing a near-total ban on companies making workers sign noncompete agreements marks a seismic change in the legal landscape that will spur new trends in litigation and ease the path for workers to leave jobs they don't like, experts say. Here are three ways the new rule will affect the employment law arena.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 26, 2024

    Workers Say Minn. Food Producer Broke Wage, Migrant Laws

    A canned and frozen vegetable producer and supplier broke its promise to provide migrant farmworkers with adequate housing, and it deducted excessive amounts from their paychecks for rent and failed to pay overtime wages, according to a proposed collective action in Minnesota federal court.

Expert Analysis

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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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.

  • A DOL Reminder That ADA Doesn't Limit FMLA Protections

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    A recent U.S. Department of Labor opinion letter and some case law make clear that the Family and Medical Leave Act fills in gaps where the Americans with Disabilities Act may not neatly apply, however the agency ignored a number of courts that have supported termination when "no overtime" restrictions effectively reduce a position to part-time, says Jeff Nowak at Littler Mendelson.

  • Pending NCAA Ruling Could Spell Change For Unpaid Interns

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    The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

  • How Managers Can Curb Invisible Off-The-Clock Work Claims

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    There has been a rash of recent federal lawsuits in which nonexempt employees have alleged their employers failed to pay them for off-the-clock work done without their managers' knowledge, but employers taking proactive measures to limit such work may substantially lower litigation risks, says Robert Turk at Stearns Weaver.

  • 5 Potential Perils Of Implementing Employee Sabbaticals

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    As companies try to retain employees with sabbatical benefits amid record-low unemployment rates, employers should be aware of several potential legal risks when considering policies to allow these leave periods, say Jesse Dill and Corissa Pennow at Ogletree.

  • NY Hospitality Employers Face Lofty Compliance Burden

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    As New York hospitality businesses have reopened over the last year, there are more employment compliance considerations now than ever before, including regulations and laws related to wage rates, tip credits, just cause and uniform maintenance pay, say attorneys at Reed Smith.