Wage & Hour

  • 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.

  • May 01, 2024

    Ala. Insurance Co. Settles Adjuster's Overtime Suit

    An Alabama insurance agency will pay a settlement to end a claims adjuster's suit accusing it of failing to pay adjusters overtime wages for time they spent inspecting and assessing property damage, according to court papers.

  • May 01, 2024

    Teachers Say Pa. Can't Nix Equal Pay Suit

    A Pennsylvania school district can't snag a win on claims that it paid women teachers less than their male colleagues because it is clear that while the teachers performed comparable work, the pay was different, the women told a federal court.

  • May 01, 2024

    7th Circ. Backs Dismissal Of Ill. City Worker's Equal Pay Suit

    The Seventh Circuit declined to give an Illinois city diversity officer a second chance at her sex bias suit that claimed she was terminated after complaining that male co-workers were paid more for lighter workloads, ruling she didn't adequately back up her allegations.

  • May 01, 2024

    Texas Oil Field Supply Co. Wants OT Suit Arbitrated

    An ex-worker for a Texas oil field equipment supply company signed a valid agreement to arbitrate any employment disputes, the company said in asking a federal judge to send his unpaid overtime claims into arbitration.

Expert Analysis

  • Beware The Risks In Laying Off Out-Of-State Remote Workers

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    Employers could run into unique legal risks when laying off remote, out-of-state employees if they're not familiar with varying state employment laws, but they can minimize the chances of potential penalties by reviewing payroll practices, applicable final paycheck laws and more, says Paul Cirner at Ogletree.

  • Why Justices' PAGA Ruling May Not Be Real Win For Cos.

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    Following the U.S. Supreme Court's Viking River decision last month, companies may temporarily cheer their reduced California Private Attorneys General Act exposure from court cases, but they may come to regret their enthusiasm as plaintiffs firms can pursue arbitration on a mass scale, says Aaron Blumenthal at Gibbs Law Group.

  • Justices Prolong Calif. Trucking Industry's Employment Woes

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    The U.S. Supreme Court's recent refusal to hear a trucking industry challenge to A.B. 5 — a California law that makes many truck drivers employees instead of independent contractors — only extends the struggle for a balanced approach to this issue that avoids paternalism and supports small businesses, says Gregory Feary at Scopelitis Garvin.

  • How Calif. Small Biz Can Navigate Evolving Employment Laws

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    Developments like the U.S. Supreme Court's recent arbitration decision in Viking River v. Moriana, among others, mean California small businesses should look out for five common employment-related errors and explore what they can do to reduce risk in an ever-changing landscape, say Corinne Spencer and Brianna Pearlman at Pearlman Brown.

  • Employer Duties As Pandemic And Caregiver Law Evolve

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    Recent San Francisco employment law changes recognize how the pandemic has altered many employees' caregiving responsibilities outside of work, so California employers should review their obligations — and consider providing flexible work arrangements even where not required, says Katie Collins at Weintraub Tobin.

  • New Fla. Law Is Good For Both Gig Workers And Employers

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    A recently effective Florida law, shielding companies that aid gig workers from misclassification claims, helps protect both independent contractors and their employers during times of emergency, and could be a road map for other states looking to extend similar protections, says Brett Owens at Fisher Phillips.

  • Tracking Class Certification Changes, 1 Year After TransUnion

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    In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

  • Determining Which State Governs A Remote Work Agreement

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    The First Circuit's recent finding in Viscito v. National Planning that the Massachusetts Wage Act did not apply to a remote worker who mostly lived in Florida offers guidance for employers trying to determine what law applies to their out-of-state employees, says Stephen Melnick at Littler.

  • NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • How Day-Of-Rest Law Changes May Affect Ill. Employers

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    Recent amendments to Illinois' One Day Rest in Seven Act change meal break calculations and increase penalties for violations, so employers should review their meal, break and day of rest policies and consider conservative precautions to avoid accidental violations or litigation, says Darren Mungerson at Littler.

  • Understanding Georgia's New Worker Classification Law

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    A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

  • Justices' PAGA Ruling May Be Employer Win — With Caveats

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    The U.S. Supreme Court’s recent decision in Viking River Cruises v. Moriana, holding that federal law partially preempts California's Private Attorneys General Act, may help employers send individual claims to arbitration, but key questions remain regarding statutory standing and the potential impact of another state law, says Joshua Henderson at Norton Rose.

  • Employers Must Think 3 Moves Ahead In Their Bid For Talent

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    Employers offering ever-increasing incentives to combat today’s labor shortage must not be nearsighted about tomorrow’s risk of recession, and should instead ask themselves three key questions about historical demand and future technology, say Adam Santucci and Langdon Ramsburg at McNees Wallace.