Wage & Hour

  • March 29, 2024

    5th Circ. Won't Revive La. Delivery Drivers' OT Suit

    Three Louisiana-based Flowers Foods delivery drivers fit an exemption in federal wage law for workers engaged in interstate commerce "any way you slice it," the Fifth Circuit found as it upheld the dismissal of their overtime lawsuit.

  • March 28, 2024

    Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit

    A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.

  • March 28, 2024

    Delivery Co. Says FAA-Mandated Stay Can Mean Dismissal

    A courier company told the U.S. Supreme Court that statutory language compelling courts to stay arbitration-bound cases does not preclude dismissal of those cases, arguing that a strict reading of the word "stay" would improperly strip courts of their discretion to manage their dockets.

  • March 28, 2024

    Mortgage Co. Misclassified Workers As OT-Exempt, Suit Says

    A Michigan mortgage company has not been paying its loan officers, processors, partners and lead generators overtime premiums for the hours they worked over 40 or all their wages earned, two former employees claimed in a proposed collective action filed in federal court.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit

    A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.

  • March 28, 2024

    9th Circ. Affirms Sirius Isn't Liable For Unheard-Of Expenses

    The Ninth Circuit ruled Thursday that a former Sirius XM employee cannot hold the radio company and its streaming service Pandora liable for unpaid expenses they were unaware of, backing a California federal court's decision handing the companies a pretrial win in the worker's proposed class action.

  • March 28, 2024

    NY Racetrack To Pay $850K To End Reclassification Suit

    A racetrack and casino will pay $850,000 to a class of casino dealers who allege they were wrongly reclassified as hospitality workers and paid lower hourly rates, as a New York federal judge granted final approval to a settlement to their wage dispute.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    Amazon Tells 9th Circ. Arbitration Act Doesn't Cover LLCs

    Amazon called the Ninth Circuit's attention to a Sixth Circuit ruling holding that federal arbitration law's exemption for transportation workers does not apply to companies that perform transportation work, saying the circuit should follow suit and send a worker's wage suit against Amazon into arbitration.

  • March 28, 2024

    Okla. Contractor Pays $100K For Misclassifying Workers

    An Oklahoma dirt work contractor paid nearly $100,000 in back wages and damages for misclassifying workers as independent contractors, the U.S. Department of Labor announced.

  • March 28, 2024

    DOL Says Challenge To Prevailing Wage Rule Can't Stand

    The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.

  • March 28, 2024

    Janitor Tells 2nd Circ. Arbitration Award Must Stay Public

    The Second Circuit should reject a cleaning company's argument that a $57,100 arbitration award isn't a judicial document because it tackles the heart of a misclassification suit, a janitor said, saying a Connecticut federal court correctly unsealed the award.

  • March 28, 2024

    Property Co. Must Face Misclassification Claim, Judge Rules

    A California federal judge denied a property preservation company's bid for a pretrial win against a worker who said he was misclassified as an independent contractor, saying there is a credible dispute over whether the company had enough control over his work to be considered his employer.

  • March 28, 2024

    Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive

    Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.

  • March 27, 2024

    USA Today Gets Ex-Site Editor's Suit Moved To Virginia

    An employee misclassification case against USA Today will move from Pennsylvania to Virginia federal court, as a Pennsylvania federal judge ruled that Virginia's convenience to the media company and potential collective members outweighs the venue preference of the worker who brought the suit.

  • March 27, 2024

    Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites

    A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.

  • March 27, 2024

    Home Healthcare Aides Nab Collective Cert. In OT Suit

    A Maryland federal judge granted a group of home healthcare aides conditional collective certification Wednesday in their suit alleging their employer misclassified them as independent contractors to avoid paying them overtime wages, agreeing they had similar duties and were subject to the same pay practices.

  • March 27, 2024

    Chemical Cos.' $3.8M Wage Deal Secures Initial OK

    A California federal judge signed off on a $3.8 million deal to settle claims that agricultural chemical companies Dow AgroSciences LLC and Corteva Agriscience LLC failed to pay workers for on-call time.

  • March 27, 2024

    9th Circ. To Mull Letting Out-Of-State Workers Join Wage Case

    The Ninth Circuit will weigh in on whether workers may pursue unpaid wage claims by joining collective actions in forum states to which they have no personal connection after granting Cracker Barrel Old Country Store Inc.'s request to appeal a collective certification order.

  • March 27, 2024

    Discovery Halted Pending Home Health Co.'s Dismissal Bid

    A New York federal judge agreed to stay discovery pending a home healthcare company's forthcoming bid to toss a home health aide's lawsuit alleging the company failed to pay its aides on a weekly basis as required for manual workers in the state.

  • March 27, 2024

    Calif. Restaurant Must Pay $2M After State Labor Probe

    A restaurant in California will pay $2 million for denying 32 workers their full wages over three years, the California Labor Commissioner's Office announced.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Calif. High Court Gives Guideposts For What Counts As Work

    The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.

  • March 27, 2024

    NJ AG Says Teachers On Maternity Leave Faced Possible Bias

    The New Jersey attorney general's office said Wednesday that its Division on Civil Rights preliminarily concluded that a public school district may have violated discrimination laws by preventing women on parental leave from coaching extracurricular activities.

Expert Analysis

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

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    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

  • Illinois Paid Leave Law May Create Obstacles For Employers

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    Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.