Wage & Hour

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Gerdau Steel Settles Fathers' Parental Leave Suit In Texas

    A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.

  • May 06, 2024

    Ex-Morgan & Morgan Paralegal Hits Firm With FMLA Suit

    A former Morgan & Morgan PA paralegal who says she was unlawfully fired after requesting time off under protections afforded by the Family and Medical Leave Act has sued the firm in Florida federal court, alleging interference and retaliation.

  • May 06, 2024

    Mortgage Brokers Go After Fla. Bank For OT Pay

    A Florida bank hasn't been paying its mortgage brokers time-and-a-half premiums even though they were not exempt from overtime laws and routinely worked between 50 and 70 hours per week, three former workers for the bank said in a proposed collective action in federal court.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Arbitration Exemption Doesn't Cover Cos., Conn. Judge Rules

    Two food distributors who created corporate entities while working for a food service business must arbitrate claims they were misclassified as independent contractors because a Federal Arbitration Act carveout doesn't apply to businesses, a Connecticut federal judge has ruled.

  • 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.

Expert Analysis

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

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    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Calif. Independent Contractor Lessons From Grubhub Suit

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    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

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    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.