Wage & Hour

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    Calif. Appeals Court Revives Joint Employment Claims

    A California state appeals court in a rehearing declined to sustain demurrers a lower court had granted to several companies that argued they could not be sued as joint employers in a worker's wage and hour lawsuit, finding the worker's claim had enough evidence to take shape.

  • May 03, 2024

    Group Home Co. To Pay $191K Deal To End DOL Wage Suit

    An operator of group homes for people with disabilities will shell out approximately $191,000 to end a U.S. Department of Labor suit claiming it failed to pay workers minimum wage and overtime, as a Michigan federal judge signed off on the deal Friday. 

  • May 03, 2024

    Workers Seek to Block Bimbo Bakeries' Quick Appeal

    Delivery drivers asked a Vermont federal judge not to grant Bimbo Bakeries' bid to appeal a decision that their collective can span three states, saying it's too early to get the Second Circuit's opinion because the collective members haven't even opted into the misclassification suit yet.

  • May 03, 2024

    Mass. Wage-Hour Debates To Intensify In Courts, On Ballots

    Massachusetts is a hot spot for wage and hour issues, with state courts approaching decisions in gig worker battles and voters potentially weighing in this fall on proposed statewide measures regarding app-based drivers and the tipped minimum wage. Here, Law360 explores three key issues to watch.

  • May 02, 2024

    Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe

    A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.

  • May 02, 2024

    DaVita Says Nurses Trying Go Around Wage Rulings

    Nationwide kidney care service provider DaVita Inc. has urged a Colorado federal judge to reject a bid by nurses and technicians to merge their wage class action with another suit, arguing Wednesday the plaintiffs are seeking to "circumvent" earlier rulings limiting the case's reach.

  • May 02, 2024

    Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations

    A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.

  • May 02, 2024

    Drivers' Calif. Wage Class Action Tossed For Taking Too Long

    A California state court rightly tossed a class action by two drivers accusing a transportation company of wage violations, a state appeals panel ruled, backing the lower court's finding that the case likely would not have been able to proceed to trial within five years of the complaint being filed.

  • May 02, 2024

    Full 11th Circ. Won't Look At Golf Workers Volunteer Decision

    The full Eleventh Circuit won't weigh in on a panel's ruling that a Florida county wasn't three golf course attendants' employer, denying on Thursday the workers' bid for rehearing.

  • May 02, 2024

    How Wage Cases Are Changing Federal Arbitration

    Over the past month, the scope of a federal exemption to arbitration has evolved as appellate courts have refined an important access point for workers to pursue their claims in court. Here, Law360 looks at several cases that have recently made waves in federal arbitration.

  • May 02, 2024

    Seyfarth Litigator Pairs Up With Solo Atty At Atlanta Firm

    A former Seyfarth Shaw LLP partner has joined a solo practitioner's employment law firm in Atlanta with the goal of handling plaintiffs employment litigation and trade secret and noncompete matters while capitalizing on the use of generative artificial intelligence.

  • May 02, 2024

    NC Dems Propose Axing At-Will Work In Workers Rights Bill

    North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.

  • May 02, 2024

    Md. Home Care Co. Pays $539K After DOL Probe

    A Maryland home care company that provides adult rehabilitation services paid nearly $539,000 in back wages and damages for denying 37 direct support staff their full wages, the U.S. Department of Labor announced.

  • May 02, 2024

    DOL Fights Bid To Halt Prevailing Wage Rule

    A group of construction groups didn't show how a final rule regulating prevailing wages hurts them, and halting the rule wouldn't be in the public's interest, the U.S. Department of Labor told a Texas federal court.

  • May 02, 2024

    Nurse Hits Mich. Hospital With Meal Break OT Suit

    A Michigan hospital has been automatically deducting a 30-minute meal break from nurses and technicians' shifts though they were frequently unable to take the full break uninterrupted, violating overtime laws, a former nurse claimed in a federal suit.

  • May 01, 2024

    NJ, NY Law Firms Dominate Class Action Filings Since 2021

    Class actions have been steadily increasing over the past decade, with two firms from New Jersey and New York filing the most suits over the past three years, according to a new Lex Machina report surveying the class action field.

  • May 01, 2024

    Judge Mulls New Trial For Uber Drivers' Misclassification Suit

    A Pennsylvania federal judge on Wednesday seemed poised to start a second trial to determine whether drivers of Uber's high-end ride-share option are independent contractors or employees after a jury deadlocked on the issue in March.

  • May 01, 2024

    Construction Workers Get $940K Default Win In Wage Suit

    A New York federal judge adopted a magistrate judge's recommendation Wednesday to enter a more than $940,000 default win against a contracting company because it didn't respond to a lawsuit by construction workers, finding no issues with the detailed report.

  • May 01, 2024

    Oil Drilling Workers Urge High Court Not To Review PPE Suit

    The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.

  • May 01, 2024

    La. Home Care Cos. Pay $422K For Wage Violations

    Five home care providers in Louisiana paid more than $422,000 for denying workers their full wages, the U.S. Department of Labor announced Wednesday.

  • May 01, 2024

    DOL's OT Rule Doesn't Touch Trucker Exemption

    Certain interstate truck drivers remain exempt from overtime under federal labor law, even as the U.S. Department of Labor has issued a new final rule addressing overtime exemptions for other workers. Here, Law360 explores the motor carrier exemption.

  • May 01, 2024

    Acting Labor Sec. Defends Status, Rules At Tense Hearing

    Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.

  • May 01, 2024

    Fired HR Worker Hits Financial Co. With Age, Sex Bias Suit

    A financial services company laid off a human resources worker after she took federal medical leave and in retaliation for her repeated complaints about pay disparities between herself and younger, male employees, according to a lawsuit filed in Colorado federal court.

  • May 01, 2024

    Overtime Theft Scheme Earns Ex-Mass. Trooper 3 Years

    The former second-in-command of a Massachusetts state police traffic safety unit was sentenced to three years in prison for his role in a widespread conspiracy to steal federally funded overtime through no-work shifts.

Expert Analysis

  • 9th Circ. Class Cert. Move Illustrates Individual Claim Issues

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    The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.

  • What Proposed Contractor Rule May Mean For Wage Litigation

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    The Biden administration's proposed independent contractor rule could have major implications for wage and hour litigation, but comparing it to the Trump administration's rule could help employers prepare for the next phase of employee classification disputes, say Jessica Scott and Frederick Yarger at Wheeler Trigg.

  • A Calif. Employer's Guide To Telework Expense Obligations

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    As the COVID-19 pandemic recedes and California employers face an increase in workplace reimbursement lawsuits from remote employees, it’s imperative to know what expenses must be covered — and how repayment should be administered — under state law, says Eric Fox at Gordon & Rees.

  • High Court FLSA Case Threatens OT Pay Landscape

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    The U.S. Supreme Court will soon decide in Helix Energy Solutions v. Hewitt whether a high-paid oil rig worker is entitled to overtime compensation under the Fair Labor Standards Act, and its eventual opinion could bring a new class of employees within the purview of the law’s requirements, say Melissa Legault and Wade Erwin at Squire Patton.

  • Calif. Pay Stub Ruling Spotlights Overtime, Bonus Compliance

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    Though a California appellate court's recent ruling provides a simple answer to how employers must list true-up overtime wages on pay stubs, it also underscores the importance of reviewing compliance requirements for wage statements where bonuses or other factors affect regular rates, says Paul Lynd at ArentFox Schiff.

  • 11th Circ. Clarifies FLSA Administrative Exemption

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    The Eleventh Circuit's recent decision in Fowler v. OSP Prevention Group about administrative employee determination under the Fair Labor Standards Act highlights the importance for employers to critically consider all required factors for an FLSA exemption, say Sarah Guo and Larry Perlman at Foley & Lardner.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

  • What Employers Should Do To Prepare For Natural Disasters

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    As hurricane season picks up steam and extreme weather events become more erratic and uncertain in every region of the U.S., employers must put emergency action plans in place that address everything from compensation issues to leave requests, says Sally Culley at Rumberger Kirk.

  • Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

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    A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

  • Gig Companies May Have To Live With The ABC Test In Calif.

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    Two recent cert denials by the U.S. Supreme Court has left California's ABC test for employment classification intact, and if gig companies' recent efforts to exempt certain workers from the test fail, they may be less eager to pursue similar challenges in California and beyond, says Ronald Zambrano at West Coast Employment Lawyers.

  • Cos. Face FMLA Quagmire Given New Mental Health Focus

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    The Seventh Circuit’s recent decision in Ziccarelli v. Dart, clarifying that merely discouraging an employee from exercising Family and Medical Leave Act rights may constitute unlawful interference, paired with new U.S. Department of Labor's mental health guidance, present unique challenges for employers, say Matthew Tyrrell and Adam Maxwell at Schoenberg Finkel.

  • How New Seattle Wage Law Will Affect Gig Economy Cos.

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    As state and local legislatures around the country consider additional labor protections for app-based workers, Seattle's new minimum wage for delivery drivers offers an example of how record-keeping and compliance requirements are changing for gig economy businesses, say Catharine Morisset and Lisa Nagele-Piazza at Fisher Phillips.