Wage & Hour

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Calif. Panel Says Wedbush Waived Arbitration Flag Too Late

    A U.S. Supreme Court might have changed the arbitration landscape in suits involving California's Private Attorneys General Act, but Wedbush Securities Inc. still waited too long to try pushing out of court financial advisers' claims, a California state appeals court ruled.

  • April 19, 2024

    Package Couriers Want Quick Appeal In OT Suit

    A package courier asked an Ohio federal judge Friday to greenlight an appeal to the Sixth Circuit regarding the decertification of a collective of workers alleging a delivery company misclassified them as independent contractors and denied them overtime pay, saying an appeal could expedite the lawsuit.

  • April 19, 2024

    Farmworkers Must Clarify FLSA Release In Wage Deal

    A California federal judge identified two issues with a proposed wage and hour settlement between a class of farmworkers and their employer, saying the deal inexplicably releases federal claims that were never filed and the parties haven't formally notified the court of a plaintiff's death.

  • April 19, 2024

    Franchise Operator On Pitfalls Of Calif.'s Fast-Food Min. Wage

    Rich Reinis, a member of California's newly formed Fast Food Council, said he wants to keep fast food affordable, especially as industry workers now earn a $20 minimum wage. Here, Law360 speaks with Reinis about the council’s future.

  • April 19, 2024

    NY Forecast: Judge Considers School District Race Bias Suit

    This week a New York federal judge will consider a school district's bid to dismiss a lawsuit brought by a Black former technology specialist who claims he was fired after facing discrimination on the job based on his race. Here, Law360 explores this and other cases on the docket in New York.

  • April 19, 2024

    Oilfield Services Co. Wants Worker's OT Suit Arbitrated

    An oilfield services company told a Texas federal judge to send an ex-oil rig worker's unpaid overtime suit into arbitration, saying the workers had signed binding, valid arbitration agreements.

  • April 19, 2024

    Calif. Forecast: Hilton Seeks To Undo Tips Class

    In the coming week, attorneys should watch for a potential ruling on whether a class of hotel banquet event workers can continue together with wage claims against San Francisco Hilton Inc., in a long-running case that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters coming up in California.

  • April 19, 2024

    Aviation Services Co. Paid Only Scheduled Shifts, Suit Says

    An aviation services company ignored work that a former training specialist did outside her scheduled shifts, the worker told a Washington federal court, accusing the company in a proposed class and collective action of owing workers wages.

  • April 18, 2024

    Jury Awards $98M To Wash. Healthcare Workers In Wage Suit

    A Seattle jury said Thursday a Washington-based healthcare system should pay thousands of its employees almost $100 million for its illegal timeclock rounding and meal break practices, an award that's expected to be doubled because a judge has already determined that the company's violations were willful.

  • April 18, 2024

    Qdoba To Pay $3.8M To Wrap Up Wash. Pay Transparency Suit

    Mexican restaurant chain Qdoba will pay $3.8 million to resolve a class action alleging it violated Washington state's pay transparency law when it failed to disclose pay information in job postings, according to a filing in state court.

  • April 18, 2024

    Arbitration Issue Lingers After Justices' Wage Case Ruling

    A U.S. Supreme Court ruling that a transportation worker arbitration carveout hinges on what workers do, not the industry in which they work, resolved one issue related to the exemption while avoiding others in delivery and ride-hail driver wage and hour litigation, attorneys said.

  • April 18, 2024

    Calif. Grocery Stores Pay $472K For OT Violations

    Three California grocery stores paid more than $472,000 in back wages, damages and fines for denying 60 workers their overtime wages, the U.S. Department of Labor announced Thursday.

  • April 18, 2024

    Building Groups Say They Can Fight Prevailing Wage Rule

    Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.

  • April 18, 2024

    NY Appeals Court Revives AI Firm CLO's Claim For Pay

    In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.

  • April 18, 2024

    Saladworks Operator Misclassified Asst. Managers, Suit Says

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks misclassified its assistant managers as overtime-exempt even though they should have earned time-and-a-half wages for overtime hours, a former manager alleged in a proposed collective action filed in federal court Thursday.

  • April 18, 2024

    Buffalo Wild Wings Owes Pay For OT Work, Server Says

    Buffalo Wild Wings has not been paying its hourly employees overtime wages for time they spent working off the clock and didn't reimburse them for business expenses or allow them to take breaks, a server alleged in a proposed class action filed in California federal court.

  • April 18, 2024

    US Chamber, Groups Seek Win In DOL Contractor Rule Spat

    The U.S. Department of Labor acted illegally when it nixed a Trump-era rule determining workers' independent contractor status and issued a new rule, the U.S. Chamber of Commerce and a slew of trade groups told a Texas federal court.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    Drivers, Transport Cos.' $700K Wage Deal Nabs Initial OK

    A California federal judge placed the initial stamp of approval on a revised $700,000 settlement between a class of truck drivers, an agricultural product transportation company and labor contractor ending a wage lawsuit, saying the updated deal is an adequate resolution.

  • April 17, 2024

    Yacht Repair Co.'s Late Arguments Can't Save It From OT Suit

    A yacht repair company owes more than $55,000 in overtime and damages to a former employee, a Florida federal judge ruled, rejecting the company's Hail Mary argument that the worker was exempt from overtime under the Fair Labor Standards Act.

  • April 17, 2024

    Airplane Servicers Nod to Justices, Reiterate That Fueling Isn't Interstate Work

    Two companies that service airplanes alerted the Ninth Circuit to the U.S. Supreme Court's recent decision regarding the applicability of a worker exemption from the Federal Arbitration Act, saying the high court's ruling supports their contention that fuel pumping is not interstate work that would trigger the carveout.

  • April 17, 2024

    NJ Landscaping Co. Pays $255K For OT Violations

    A New Jersey landscaping company paid nearly $255,000 in back wages and damages for denying 20 workers their overtime wages, the U.S. Department of Labor announced.

  • April 17, 2024

    NLRB Says Co. Violated Labor Law With Wage Suit Questions

    A chemical manufacturer illegally questioned an employee about his conversations with co-workers and union stewards linked to a wage and hour lawsuit, the National Labor Relations Board concluded, upholding an agency judge's decision about the workers' confidentiality interests.

  • April 17, 2024

    Ogletree Expands Into Western NY With Ex-Goldberg Atty

    Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.

Expert Analysis

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

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    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • Preparing For Potential Changes To DOL's Overtime Rules

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    While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

  • Cost-Splitting Arbitration Clauses Threaten Workers' Rights

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    A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.

  • Pa.'s Changing Employment Laws In 2022 And Beyond

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    With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

  • Musician Classification Pointers For Wash. Hospitality Cos.

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    Following a recent increase in audits by the Washington State Employment Security Department concerning hospitality employers’ classification of musical performers, businesses are strongly encouraged to assess state law requirements governing their relationship with hired talent and ensure written contracts are in place, say Emily Bushaw and Shannon McDermott at Perkins Coie.