Wage & Hour

  • May 13, 2024

    Driver Asks For Discovery Greenlight After 6th Circ. Ruling

    A driver for a Domino's franchisee told an Ohio federal court his suit claiming under-reimbursement for vehicle-related expenses should proceed normally after the Sixth Circuit weighed in, saying the appellate court's decision doesn't lead to a different way forward.

  • May 13, 2024

    Calif. Hyatt's $725K Wage Deal Scores Final OK

    A California federal judge Monday placed the final stamp of approval on a $725,000 deal resolving over 600 workers' wage claims against Hyatt, finding the terms to be a reasonable resolution, but trimmed the workers' attorney fees award because the case didn't warrant a larger-than-usual award.

  • May 13, 2024

    DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

    The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.

  • May 13, 2024

    NJ Justices Hold Contract Supersedes Real Estate Wage Law

    The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.

  • May 13, 2024

    Popeye's Franchisee, DOL End Probe Interference Suit

    A Popeye's franchisee and one of its managers will end a U.S. Department of Labor suit in Pennsylvania federal court claiming they lied to and threatened department investigators, after a federal judge approved a deal Monday.

  • May 13, 2024

    Ex-Raleigh Cop Wants OT Suit Kept Alive

    An ex-police officer accusing the City of Raleigh, North Carolina, of forcing its officers to accept time off instead of overtime urged a federal court to deny the city's request to toss the suit, saying the city should be held accountable for failing to pay overtime.

  • May 13, 2024

    Workers Want $775K In Atty Fees After Multistate Wage Verdict

    An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.

  • May 13, 2024

    Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins

    A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • 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.

Expert Analysis

  • Eye On Compliance: Cross-State Noncompete Agreements

    Author Photo

    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • A DOL Reminder That ADA Doesn't Limit FMLA Protections

    Author Photo

    A recent U.S. Department of Labor opinion letter and some case law make clear that the Family and Medical Leave Act fills in gaps where the Americans with Disabilities Act may not neatly apply, however the agency ignored a number of courts that have supported termination when "no overtime" restrictions effectively reduce a position to part-time, says Jeff Nowak at Littler Mendelson.

  • Pending NCAA Ruling Could Spell Change For Unpaid Interns

    Author Photo

    The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

  • How Managers Can Curb Invisible Off-The-Clock Work Claims

    Author Photo

    There has been a rash of recent federal lawsuits in which nonexempt employees have alleged their employers failed to pay them for off-the-clock work done without their managers' knowledge, but employers taking proactive measures to limit such work may substantially lower litigation risks, says Robert Turk at Stearns Weaver.

  • 5 Potential Perils Of Implementing Employee Sabbaticals

    Author Photo

    As companies try to retain employees with sabbatical benefits amid record-low unemployment rates, employers should be aware of several potential legal risks when considering policies to allow these leave periods, say Jesse Dill and Corissa Pennow at Ogletree.

  • NY Hospitality Employers Face Lofty Compliance Burden

    Author Photo

    As New York hospitality businesses have reopened over the last year, there are more employment compliance considerations now than ever before, including regulations and laws related to wage rates, tip credits, just cause and uniform maintenance pay, say attorneys at Reed Smith.

  • COVID's Impact On Employment Law Is Still Felt 3 Years Later

    Author Photo

    Since COVID-19's onset in the U.S. three years ago, almost every existing aspect of employment law has been shaped by pandemic-induced changes, including accommodation requests under the Americans with Disabilities Act, remote work policies and employer vaccine mandates, say Scott Allen and M.C. Cravatta at Foley & Lardner.

  • Ecolab Ruling Opens Doors For Percentage Bonuses In Calif.

    Author Photo

    California's Second Appellate District recently became the first court in the state to clear the air on percentage bonuses, providing employers who have wanted to offer such bonuses with a new option to do so without having to recalculate the overtime regular rate, says Paul Lynd at ArentFox Schiff.

  • How Employers Can Defend Against Claims Made In Bad Faith

    Excerpt from Practical Guidance
    Author Photo

    When an employer becomes aware of an employee complaint, it should carefully research whether the claim could be characterized as frivolous or in bad faith, and then consider various defense strategies, say Ellen Holloman and Jaclyn Hall at Cadwalader.

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

    Author Photo

    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • Eye On Compliance: Service Animal Accommodations

    Author Photo

    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

    Author Photo

    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • Takeaways From Virgin's Wage And Hour Class Action Loss

    Author Photo

    A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.