Wage & Hour

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

  • June 21, 2024

    Calif. Meat Markets To Pay $309K After DOL Pay Probe

    Three meat markets in California will pay $309,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging they failed to pay workers overtime rates and obstructed the agency's probe, according to court papers.

  • June 21, 2024

    HCA Wants Out Of Respiratory Therapist's Wage Suit

    Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.

  • June 21, 2024

    NY Paid Lactation Break Law Brings Protection, Confusion

    New York state now requires employers to provide paid lactation breaks, representing another boon to equal pay efforts, but questions remain regarding the specifics of compliance and enforcement, attorneys say.

  • June 20, 2024

    Delta's $16M Pay Stub Deal Stalled On Runway By 'Problems'

    A California federal judge said Thursday that he has "problems" giving preliminary approval to Delta Air Lines' $16 million deal in a pay stub class action that went to the Ninth Circuit and the California Supreme Court, saying the settlement's release "seems way overbroad."

  • June 20, 2024

    Logistics Cos. Face Skilled Worker Visa Misuse Class Action

    A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.

  • June 20, 2024

    Worker Says Co. Inflated Deductions To Duck Prevailing Wage

    An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.

  • June 20, 2024

    Ex-Satellite Tech Drops Wage Suit Against Dish Retailer

    A satellite technician dropped his proposed collective action accusing his former employer of misclassifying him and his co-workers as independent contractors and depriving them of overtime wages, according to a dismissal notice filed in Georgia federal court.

  • June 20, 2024

    11th Circ. Backs Stryker's Defeat Of Fired Worker's Leave Suit

    The Eleventh Circuit refused Thursday to revive a suit claiming medical technology company Stryker illegally fired a worker on leave awaiting the birth of his child, ruling that because the leave didn't formally kick in until the child was born, his termination was fair game.

  • June 20, 2024

    Wind Farm Worker Can't Use Ill. Wage Law For Claim To Pay

    A wind farm does not owe a former office manager continuing royalty payments under Illinois state law, a state appellate court ruled, saying the royalties aren't considered final compensation because the wind farm did not start generating electricity until a year after she retired.

  • June 20, 2024

    NY Construction Co. Denied Workers OT, Suit Says

    A construction company paid workers a flat hourly rate and denied them overtime rates even though they regularly worked more than 40 hours a week, a worker alleged Thursday in a proposed class and collective action in New York federal court.

  • June 20, 2024

    DOL Says Emergency Discovery Needed In OT Rule Challenge

    The U.S. Department of Labor urged a Texas federal court to expedite a targeted request for discovery in a suit seeking to stop a new overtime rule from going into effect, saying that the information is necessary to tackle the injunction bid.

  • June 20, 2024

    Rocket Mortgage Hit With Race Bias, FMLA Suit

    Rocket Mortgage refused to let a Black associate banker transfer positions while letting her white counterparts do so, held her to stricter standards, reduced her wages and eventually terminated her partly due to her use of medical leave, she said in a complaint lodged in Michigan federal court.

  • June 18, 2024

    Newsom, Legislators Reach Agreement On PAGA Reform

    California Gov. Gavin Newsom and state legislative leaders on Tuesday unveiled reforms to California's Private Attorneys General Act, including major changes to the law's penalty structure, changes they say will avoid a "contentious" ballot measure campaign.

  • June 18, 2024

    Amazon Hit With $5.9M Fine For Violating Calif. Quota Law

    California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.

  • June 18, 2024

    Feds Say Discovery Order Exposes Migrants To Retaliation

    The U.S. Department of Labor is urging a Mississippi federal court to reconsider ordering the disclosure of informants' identities in an investigation into a fish farm's labor practices, saying the May order exposed the informants, who are also migrant employees at the farm, to possible retaliation.

  • June 18, 2024

    Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight

    A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.

  • June 18, 2024

    Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal

    Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.

  • June 18, 2024

    7th Circ. Brings Back Cruise Worker's OT Suit

    The Seventh Circuit revived a proposed collective action Tuesday accusing a steamboat cruise company of depriving workers of overtime wages, finding Indiana arbitration law states that the pact the worker and company signed is governed by, and is invalid under, the Federal Arbitration Act.

  • June 18, 2024

    2nd Pa. Jury Can't Agree On Uber Black Drivers' Status

    A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.

  • June 18, 2024

    Ogletree Adds Quarles & Brady Litigator In San Diego

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.

  • June 18, 2024

    Bakery Wants To Stop Quick Appeal Of Arbitration Order

    A bakery urged a Connecticut federal judge to deny two food distributors' bid for a quick appeal of an order directing them to arbitrate their independent contractor misclassification claims, saying the request "falls woefully short" of the standards for an appeal.

  • June 18, 2024

    Liberty University Settles Time Sheet Suit

    Liberty University will pay $30,000 to end a proposed collective action alleging that its supervisors of intramural sports employees tampered with workers' time records to cap their schedules at 40 hours per week to avoid paying them overtime, according to court papers filed Tuesday.

  • June 18, 2024

    Mayer Brown Adds Litigation Vet As Employment Co-Chair

    Mayer Brown LLP said Tuesday it added an employment litigation veteran with nearly two decades of experience to co-lead the firm's employment litigation and counseling practice.

  • June 18, 2024

    NJ Steakhouse Pays $90K For Stiffing Workers On Wages

    A New Jersey steakhouse paid nearly $90,000 in back wages, damages and fines for denying 13 workers their overtime wages, the U.S. Department of Labor announced Tuesday.

Expert Analysis

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.