Wage & Hour

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    Cleaning Co. To Pay $400K In H-2B Workers' Exploitation Suit

    Mexican guest workers and a cleaning company that recruited them to work at a Colorado luxury hotel asked a federal judge on Wednesday to grant initial approval of a $400,000 settlement on claims that the company committed myriad wage and visa law violations and threatened to deport workers who complained.

  • April 10, 2024

    Eatery Chain's Tip Credit Bites Illegally Into Wages, Court Told

    A restaurant chain has not been paying its servers and bartenders the correct wages, taking a tip credit out of their hourly wages even when they perform nontip-generating work, a server claimed in a proposed collective action filed Wednesday in Kentucky federal court.

  • April 10, 2024

    Former X Worker Can't Force Doc Release In Bonus Suit

    A California federal judge refused to grant an ex-worker's request that the court decide whether X Corp. must provide employee bonus-related documents to its former chief financial officer before he sits for a deposition, chiding the former worker for not filing a proper request.

  • April 10, 2024

    9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.

    Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.

  • April 10, 2024

    Musk Deposition Decision Put Off In Twitter Layoff Fight

    A California federal judge deferred ex-Twitter employees' request to depose X Corp. owner Elon Musk until after other defendants gave their depositions in a suit alleging the company violated federal laws requiring advance warning of mass layoffs.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Furniture Delivery Co., Driver Settle Misclassification Suit

    A delivery driver and the company he contracts with to transport furniture for Ashley Furniture told a Florida federal judge Wednesday that they had settled a lawsuit alleging the company misclassified the driver as an independent contractor.

  • April 10, 2024

    Ogletree Adds Veteran Employment Attorney In Minnesota

    Ogletree Deakins Nash Smoak & Stewart PC has expanded its ranks in Minneapolis with a lawyer who said she is looking to use her new position to help clients navigate remote work challenges and increasing disability bias issues stemming from the COVID-19 pandemic.

  • April 09, 2024

    Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says

    A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.

  • April 09, 2024

    4 Questions About California's 'Right To Disconnect' Bill

    A newly amended bill in California would give employees a legal right to ignore after-hours work communications, though Golden State employment lawyers on both sides of the bar said the bill would likely need more changes in order to have its desired impact. Here are four open questions attorneys have about the legislation.

  • April 09, 2024

    $1M Wage Deal Between Workers, HVAC Co. Gets Initial OK

    A California federal judge said a nearly $1 million settlement between workers and an HVAC and plumbing company can move forward for now, but indicated skepticism about the deal's proposal to allot about $332,000 for attorney fees.

  • April 09, 2024

    LA County Seeks Early Win In Firefighter Suit for Hotel Time

    Los Angeles County wants a California federal court to wrap up a collective action from firefighter recruits claiming it failed to pay them for time in quarantined hotels during the COVID-19 pandemic, arguing the county had "objectively reasonable grounds" for believing recruits were not entitled to payment for that time.

  • April 09, 2024

    Insurance Firm Will Pay $4M To End Calif. Wage Class Action

    A California federal judge gave the green light to a $4 million class action settlement resolving allegations that an insurance and risk management company didn't closely track workers' hours, which resulted in underpayment for over 2,100 workers. 

  • April 09, 2024

    Challengers To H-2A Wage Rule Denied Extra Discovery

    A federal judge has refused to let agricultural businesses gather more information on the decision-making behind new H-2A agricultural worker minimum wages, rejecting claims that more discovery was warranted in light of a September order allowing the wages to take hold.

  • April 09, 2024

    Ex-UPS Worker's Race, Sex Bias Suit Gets Partial Go-Ahead

    A California federal judge declined to entirely toss a Black former UPS employee's race and pregnancy discrimination suit, saying she had evidence of "extreme and outrageous" racist comments to back up her race bias claims but not enough proof to support her sex-based pay and pregnancy discrimination allegations.

  • April 08, 2024

    H-2A Workers Want OK On $900K OT Deal With Va. Farms

    Two Mexican farmworkers are asking a Virginia federal court to greenlight their $900,000 settlement with an agricultural association and two farms that they say cheated temporary workers out of $2.5 million in overtime pay.

  • April 08, 2024

    Ford Motor Co. OT Claims Transferred To Michigan

    An Ohio federal judge sent a proposed collective action by a former Ford Motor Co. plant worker to the Eastern District of Michigan on Monday after the worker and the auto manufacturer said the case is better dealt with near Ford's headquarters in Detroit.

  • April 08, 2024

    Workers Oppose X Corp.'s Bid To Stall $500M Severance Suit

    Two workers asked a California federal court to deny a request from X, formerly Twitter, to pause discovery in their suit alleging it stiffed employees on $500 million in severance pay when it conducted mass layoffs following Elon Musk's takeover, saying the move will create unnecessary delay.

  • April 08, 2024

    Marine Co. Beats Ex-Worker's Wage Row, For Now

    A civil marine contractor successfully convinced a California federal judge to toss an ex-worker's wage and hour proposed class action for lack of evidence, but the judge left the door open for the worker to refile the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    Tower Technicians Hit Ericsson With Wage Theft Suit

    A former employee for Swedish telecommunications company Ericsson Inc. claimed the company failed to pay its hourly tower technicians for missed meal breaks or for all the hours they spent completing mandatory training, according to a proposed collective action filed in a Massachusetts federal court.

  • April 08, 2024

    Conn. Worker Says Firing For Talking Wages Was Illegal

    A former employee of a company that designs and manufactures radiation detection devices accused the firm in Connecticut federal court of breaching state law by prohibiting him from discussing his pay with his colleagues and of firing him for telling a friend about receiving a raise.

  • April 08, 2024

    ​Delivery Co. Can't Countersue In Misclassification Case

    ​A California federal court rejected a delivery company's bid to bring a third-party complaint against a worker's LLC after the worker sued the delivery company alleging it misclassified him as an independent contractor, saying allowing the complaint would be contrary to public policy.

Expert Analysis

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

    Author Photo

    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

    Author Photo

    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

    Author Photo

    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • How New Illinois Child Influencer Law Affects Advertisers

    Author Photo

    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

    Author Photo

    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

    Author Photo

    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

    Author Photo

    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
    Author Photo

    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

    Author Photo

    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

    Author Photo

    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

    Author Photo

    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

    Author Photo

    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.