Wage & Hour

  • May 17, 2024

    Chicago Tribune Accused Of Underpaying Female, Black Staff

    A group of Chicago Tribune journalists sued the paper and its parent Alden Global Capital in Illinois federal court on Thursday alleging sex and race discrimination that has caused more than 50 reporters and editors to get paid thousands of dollars per year less than their white male colleagues.

  • May 17, 2024

    Delivery Apps Illegally Adding Extra Fees In Seattle, FTC Told

    DoorDash and Uber illegally charge "deceptive and unfair" junk fees to customers to cover the companies' costs to comply with a Seattle law mandating minimum wages for app-based workers, a consumer told the Federal Trade Commission in a complaint.

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    DOL Wants Early Win In Support Co. Misclassification Suit

    The U.S. Department of Labor urged a Florida federal judge to grant it a pretrial win in its suit accusing a customer support services provider of misclassifying 22,000 workers as independent contractors, saying it's clear the company has near-total control over their work.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 17, 2024

    Flight Crews Get Step Closer To In-Flight Nursing Breaks

    The enactment of the Federal Aviation Administration Reauthorization Act paves the way for in-flight crew members to finally have the right to express breast milk by requiring the FAA to address safety concerns head-on, attorneys say.

  • May 17, 2024

    Worker's OT Suit Against Oilfield Co. Pushed To Arbitration

    An oilfield services company can push into arbitration an ex-oil rig worker's unpaid overtime suit, after a Texas federal judge sided with the company, staying the suit pending arbitration.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    EPA Doctor Not A Whistleblower For Slamming Lead Plan

    A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.

  • May 16, 2024

    Home Health Co., Aides Settle OT Suit Over Shift Tracking

    A home health care organization and two workers asked an Ohio federal judge Thursday to sign off on a $62,000 settlement resolving claims that the company underpaid overtime wages by separately tracking the day and night shift hours that employees worked in a single week.

  • May 16, 2024

    High Court Decision Requiring A Stay Raises More Questions

    The U.S. Supreme Court's unanimous decision Thursday finding that federal courts must honor a request to stay a case after ordering the dispute into arbitration leaves an important subsequent question unresolved: What happens if neither party requests a stay?

  • May 16, 2024

    Calif. Panel Says Signature Wasn't Rebutted On Arbitral Pact

    A worker failed to show that a signature in an employee handbook containing an arbitration clause wasn't his, a California state appeals court ruled, flipping a trial court's decision that denied a mining company's bid to arbitrate his wage and hour suit.

  • May 16, 2024

    Wis. Appeals Court Undoes Corrections Workers' Wage Class

    A Wisconsin appeals court dissolved a class of state Department of Corrections employees who argued they are owed pay for the time they spent undergoing security checks and walking to and from their assigned work posts, ruling a lower court used an invalid legal theory in certifying the group.

  • May 16, 2024

    Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • May 16, 2024

    Pressure Mounts On Biden Admin To Finalize Regulations

    The U.S. Department of Labor and other federal agencies face pressure to complete rulemaking this month because a window opens soon that will make it easier for Republicans in Congress to wipe away regulations if they and former President Donald Trump sweep the November elections, experts told Law360.

  • May 16, 2024

    Delta, Flight Attendants Ink $16M Deal To End Wage Suit

    Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.

  • May 16, 2024

    SC Convenience Store Pays $154K For OT Violations

    A gas station and convenience store in South Carolina paid nearly $154,000 for denying workers overtime rates, the U.S. Department of Labor said.

  • May 16, 2024

    Justices Say Courts Must Stay Suits Sent To Arbitration

    The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.

  • May 16, 2024

    Justices Say Deadline To Appeal Furlough Denial Is Flexible

    The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.

  • May 15, 2024

    Georgia Justices Weigh State Immunity In Trooper's Wage Suit

    Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.

  • May 15, 2024

    Worker Updates Boot-Up Suit After Judge Axes State Claims

    A former call center worker on Tuesday lodged an amended class action complaint seeking boot-up time wages from a home healthcare company, raising only federal claims after a Michigan federal judge earlier this year stripped state law allegations from the suit.

  • May 15, 2024

    Wage Damages Update Isn't Retroactive, NJ Justices Say

    The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.

  • May 15, 2024

    Staffing Co.'s Wage Settlement Gets Approval On 4th Attempt

    After three tries, a Georgia federal judge approved a settlement Wednesday between a staffing firm and two workers who alleged that the firm shorted them on wages by making them work through unpaid meal breaks, finding the latest amendment fixed previous inconsistencies.

  • May 15, 2024

    School District, Teachers Can't Snag Win In Equal Pay Fight

    Neither a Pennsylvania school district nor the female teachers accusing it of paying them less than their male colleagues can snag a win in two consolidated Equal Pay Act suits, a federal judge ruled Wednesday, saying there are still open questions in the cases.

  • May 15, 2024

    Tenn. Restaurant Workers Get Approval Of Tip Violation Deal

    A Nashville, Tennessee, restaurant will pay $375,000 to end a collective action claiming it stiffed tipped employees on their full wages, after a Tennessee federal judge signed off on a settlement. 

Expert Analysis

  • 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.

  • Supreme Court Should Review Flight Break Mandate

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    Despite government pushback, the U.S. Supreme Court should review Virgin America v. Bernstein, a Ninth Circuit decision that would require meal and rest breaks for flight attendants, as federal law and California regulations are in clear conflict and threaten to disrupt national air transportation, says Patricia Vercelli at Airlines for America.

  • Parsing The Impact Of White Collar FLSA Exemption Proposal

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    The Congressional Progressive Caucus recently proposed to increase the salary threshold at which a white collar worker isn't eligible for overtime pay under the Fair Labor Standards Act, which would force reclassification of millions as hourly employees — especially in low-wage states — and would likely raise compliance costs for businesses, says Stephen Bronars at Edgeworth Economics.

  • Preparing For NYC's New Pay Transparency Law

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    Recent guidance postponing implementation of New York City’s Pay Transparency Law to Nov. 1 failed to clarify employers' obligation to act in good faith when advertising what they are willing to pay, so employers may want to devote resources to up-front evaluations of salary ranges, say John Litchfield and Paul King at Foley & Lardner.

  • FAA Ruling Raises Fresh Questions On Transportation Work

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    In Bissonnette v. LePage Bakeries, the Second Circuit's narrow view of the Federal Arbitration Act's transportation worker exemption leaves some ambiguity for delivery workers in the gig economy, which the U.S. Supreme Court will likely address in a future circuit split, says Jeff Shooman at FordHarrison.

  • Calif. Premium Pay Ruling May Raise Employer Liability Risks

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    After the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, holding that premium pay for missed meal and rest breaks constitutes wages that must be reported on pay stubs, employers should revisit their meal and rest period policies to avoid a potential windfall of liability, say Jeremy Mittman and Gabriel Hemphill at Mitchell Silberberg.

  • Will Calif. High Court Take On PAGA Unmanageability?

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    Two diverging California state appeals court decisions — Wesson v. Staples and Estrada v. Royalty Carpet Mills — have set the stage for the California Supreme Court to determine the scope of trial court authority to dismiss Private Attorneys General Act claims on manageability grounds, but the burden may fall on trial courts if the high court denies review, say Harrison Thorne and Lowell Ritter at Sheppard Mullin.

  • Mass. Ruling Reduces Employers' Overtime Exposure Risks

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    A Massachusetts court's recent decision in Devaney v. Zucchini Gold, holding that employees whose overtime claims rest solely on the Fair Labor Standards Act cannot recover greater remedies under state law, reduces liability for employers in the state, and guides on overtime calculations and record-keeping duties, say attorneys at Morgan Lewis.

  • Calif. 4-Day Workweek Proposal Would Fuel Employer Exodus

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    California's proposal to truncate the workweek would result in significant increases in employer costs and reduced hours for hourly employees, and would encourage companies to leave for other states, so lawmakers should instead reform the state's rigid wage and hour laws for greater work schedule flexibility, say Julia Trankiem and Timothy Kim at Hunton.