Wage & Hour

  • May 13, 2024

    Ind. Home Health Co. Pays $151K For OT Violations

    A home healthcare company in Indianapolis paid more than $151,000 in back wages and damages for denying 32 workers overtime rates, the U.S. Department of Labor announced.

  • May 13, 2024

    Delivery Co. Seeks To Halt Worker's Appeal Bid In OT Suit

    A delivery company urged an Ohio federal judge not to allow a package courier to appeal to the Sixth Circuit the decertification of a collective of workers alleging the company misclassified them as independent contractors, saying the appeal would not hasten the end of the dispute.

  • May 10, 2024

    Wash. Judge Doubles Hospital System's Penalty In Wage Case

    A Washington state judge has ordered a healthcare system to pay nearly $230 million to 33,000 workers, doubling the damages a jury awarded to the employees in April based on the company's "willful" violations of wage law.  

  • May 10, 2024

    Black Doctor Must Arbitrate Bias Claims Against Hospice Co.

    A Black doctor must arbitrate her claims that she was mistreated by non-Black colleagues at a home healthcare company and fired after raising concerns that it was sidestepping Medicare billing regulations, a California federal judge ruled, finding an arbitration agreement she signed is legitimate.

  • May 10, 2024

    American Airlines Worker Fights To Keep OT Suit Alive

    An American Airlines employee is trying again on a claim that the company owes him overtime pay under the Fair Labor Standards Act, telling an Arizona federal judge Friday that the latest version of his complaint shows he's covered by the FLSA, not the Railway Labor Act. 

  • May 10, 2024

    Employer's Intent Key To Wage Theft Prosecution

    The delta between criminal wage theft and civil wage and hour violations is large, but unpacking the differences between them offers important lessons about intent and the power of the penal code to deter bad behavior, attorneys say.

  • May 10, 2024

    9th Circ. Splits PAGA Claims In Macy's Arbitration Fight

    Macy's can't compel arbitration of nonindividual claims in a worker's wage suit brought under California's Private Attorneys General Act, the Ninth Circuit ruled Friday, saying language in an arbitration pact prevents blending together different types of claims.

  • May 10, 2024

    Workers Say MAC Cosmetics Doesn't Pay OT For Event Prep

    MAC Cosmetics Inc. did not reimburse employees for the time and money spent on makeup, hair and outfit requirements for promotional events and meeting the company's beauty standards, according to a proposed collective action complaint filed in Arizona federal court.

  • May 10, 2024

    Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms

    Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    NYPD K9 Handlers' Overtime Suit Sent To Dog House, For Now

    A group of 11 New York City Police Department dog handlers must revise their unpaid overtime lawsuit to reflect the actual time they allegedly spent at home taking care of their dogs in order to stake a plausible claim for unpaid overtime, a federal judge ruled.

  • May 10, 2024

    PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed

    P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 10, 2024

    Workers Push Back On Citizens Bank's Bid For OT Win

    Pennsylvania wage law requires employers to pay workers overtime rates that include all compensation earned, including commissions, a group of workers accusing Citizens Bank of underpaying overtime wages told a federal judge, urging the court to deny the bank's request for a win.

  • May 10, 2024

    3 Cases Poised To Apply High Court's Arbitration Ruling

    Cases that were in the judicial pipeline when the U.S. Supreme Court handed down a ruling on what workers qualify for a carveout from federal arbitration law are poised to be among the first that apply its holding. Here, Law360 discusses three cases that were frozen in anticipation of the high court's decision.

  • May 09, 2024

    Rail Co. Accused Of Retaliation Over FMLA Use

    CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.

  • May 09, 2024

    NY Healthcare Co. Gets Worker's Wage Suit Trimmed

    An Albany, New York-based health system can escape, for now, a proposed collective claim alleging it denied workers overtime wages, a federal judge ruled Thursday, while preserving a claim that it forced employees to work through their lunch breaks.

  • May 09, 2024

    Tenn. County Untangles Collective In Wage Suit Ahead Of Trial

    A Tennessee county snagged a partial decertification win in a lawsuit accusing it of not properly paying a variety of workers within its sheriff's office, after a federal judge ruled that the workers' differences in jobs prevent collective treatment.

  • May 09, 2024

    Staffing Cos. Can't Dodge DOL Suit Over Wage Clawbacks

    The U.S. Department of Labor can keep pursuing a suit alleging two staffing agencies drew employees' compensation below minimum wage by implementing contractual clawbacks if employees didn't stay for more than three years, a New York federal judge ruled.

  • May 09, 2024

    Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial

    A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.

  • May 09, 2024

    Liquor Co. Ordered To Stop Flouting Law After DOL Wage Deal

    An Indiana federal judge issued an injunction barring a multistate liquor store operator from violating federal labor law after the U.S. Department of Labor accused it of flouting a previous back wage settlement by coercing workers to accept less money than they were owed.

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    DOL Wage Enforcement Penalties Come Under Scrutiny

    Civil monetary penalties aren’t high enough to deter employers from violating wage and hour laws, Democrats in Congress are saying ahead of planned legislation, though employers’ attorneys argue that existing fines are adequate. Here, Law360 explores the penalties debate.

  • May 09, 2024

    Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides

    A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.

  • May 09, 2024

    Ballard Spahr Atty Among 5 Rimon Arrivals On Both Coasts

    Rimon PC has expanded its offices in New Jersey, Philadelphia, Orlando, San Francisco and San Diego with the addition of five attorneys, bolstering its intellectual property, investment management, real estate, employment and litigation capabilities, the firm announced Thursday.

Expert Analysis

  • Mass. 7-Eleven Ruling May Threaten Some Franchise Models

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    A recent ruling by Massachusetts’ highest court in Patel v. 7-Eleven — holding that franchisees can be classified as employees entitled to wage and hour benefits — may hint at the future of U.S. franchise law, and means that control exerted over franchisees must be carefully scrutinized going forward, say Peter Loh and Betsy Stone at Foley & Lardner.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

  • Conservative Justices' Silence May Hint At Fate Of PAGA Case

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    Though the tone of recent oral arguments in Viking River Cruises v. Moriana suggested skepticism that California Private Attorneys General Act claims are comparable to class actions and thus can’t escape arbitration, the reticence of the conservative justices may point to a different outcome, say Corinne Spencer and Antwoin Wall at Pearlman Brown.

  • Calif. Wage And Hour Reminders As Telework Endures

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    More than two years after the COVID-19 pandemic began, remote work arrangements remain prevalent in California, and employers in the state face ongoing compliance risks due to myriad laws requiring minimum and overtime wages, meal periods and rest breaks, and postings for teleworking employees, says Michael Nader at Ogletree.

  • Threat To False Claims Act Lurks In High Court PAGA Case

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    At Wednesday's oral arguments in Viking River Cruises v. Moriana, the U.S. Supreme Court considered whether employees may waive their right to pursue representative actions under the California Private Attorneys General Act, but the decision could imperil the future of False Claims Act qui tam actions, says R. Scott Oswald at The Employment Law Group.

  • And Now A Word From The Panel: Doing The MDL Math

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    A recent decision by the Judicial Panel on Multidistrict Litigation in a labor case illustrates the hurdles faced by those seeking MDL centralization when there are relatively few underlying cases — but other factors may also influence the panel's decision on whether to create an MDL, says Alan Rothman at Sidley.

  • The Stakes Are High In Supreme Court Arbitration Rights Case

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    Recent oral arguments before the U.S. Supreme Court in Morgan v. Sundance highlight how the justices’ eventual ruling could engraft a prejudice requirement into a party’s waiver defense when the Federal Arbitration Act is implicated, and potentially define how early in a proceeding the right to arbitrate must be asserted, says Kate Dodoo at McAfee & Taft.

  • 2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

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    Although the Second Circuit recently affirmed the dismissal of Felder v. U.S. Tennis Association, it clarified how courts can determine whether two employers are jointly liable for Title VII claims, so entities that use staffing companies or contract workers should follow several best practices to limit joint employer liability, say William Manuel and Anne Yuengert at Bradley Arant.

  • Next Steps For Hospitality Cos. After DOL Tip Credit Rule Win

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    A Texas federal court recently denied a motion in Restaurant Law Center v. U.S. Department of Labor seeking to enjoin enforcement of the DOL's new rule limiting when businesses can take tip credits against their employees' wages, so industry employers should take certain steps to avoid liability while the litigation continues to unfold, say attorneys at Greenberg Traurig.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

  • Employer's Agenda: IHG Counsel Talks Remote Investigations

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    The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

  • How Justices' Upcoming PAGA Ruling May Affect Employers

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    In Viking River Cruises v. Moriana, which the U.S. Supreme Court will hear arguments in this month, if the justices decide that the Federal Arbitration Act preempts California law barring arbitration of Private Attorneys General Act claims, employers may gain a sturdy layer of protection against PAGA litigation through properly drafted arbitration agreements, say Julia Trankiem and Michael Pearlson at Hunton.