Wage & Hour

  • May 23, 2024

    5th Circ. Won't Fast-Track Challenge To DOL's OT Rule

    The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.

  • May 23, 2024

    County Tells Full 4th Circ. Inmates' Wage Ruling Went Too Far

    A Fourth Circuit panel decision that determining pay for incarcerated people working at a Baltimore County recycling plant should focus on the purpose of their work unprecedentedly expands the reach of federal labor law, the county said, asking for the full court's intervention.

  • May 23, 2024

    Philly-Area Home Health Co.'s OT Settlement Gets First Nod

    A Pennsylvania federal judge gave an early nod to a deal resolving a proposed class of nurses' overtime suit against a Philadelphia nursing home that allegedly failed to pay its in-home care workers the proper rates for overtime in violation of both state and federal wage laws.

  • May 22, 2024

    Wash. Health System Wants $230M Worker Class Win Axed

    A Washington hospital system is seeking to derail a nearly $230 million judgement in favor of workers in a class wage case, contending the plaintiffs' key expert who testified at a state court trial recommended that jurors calculate damages based on a flawed equation that didn't account for differences in pay classifications.

  • May 22, 2024

    IT Co. Can't Sink Fired Worker's FMLA Retaliation Suit

    A Florida federal judge declined to hand an information technology company an early win in a former worker's suit claiming he was fired after he took medical leave to treat anxiety, ruling that there are enough disputes over whether the company acted illegally to send the case to trial.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    NJ Biz Groups Say ERISA Preempts State Temp Worker Law

    A group of New Jersey business associations filed an amended challenge to a state law expanding protections for temporary workers, saying the law is superseded by the Employee Retirement Income Security Act and asking a federal court for an indication that it would block the state law on remand.

  • May 22, 2024

    States Tackling Arb. Waivers 2 Years After High Court Ruling

    The extent to which prejudice counts toward whether an employer waived its right to send a worker’s claims to arbitration is now playing out in state high courts, two years after the U.S. Supreme Court’s Sundance ruling on the issue. Here, Law360 explores how Sundance is playing out.

  • May 22, 2024

    Stryker Agrees To Settle Calif. Misclassification Suit

    Medical device company Stryker told a California federal court Wednesday it has agreed to settle a proposed class action accusing it of misclassifying workers as overtime-exempt and failing to pay them overtime during their mandatory training.

  • May 22, 2024

    Wage Poster From The '80s Can't Save Bar From Liability

    The only tangible information an Illinois bar provided to two former bartenders about their compensation was a poster from the 1980s that lacked detailed pay rates, a federal judge ruled, granting the workers' liability win in their tip credit suit.

  • May 22, 2024

    SC Gov. Signs Earned Wage Access Bill Into Law

    South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.

  • May 22, 2024

    FLRA Rejects Ky. National Guard's OT Challenge

    The Federal Labor Relations Authority denied the Kentucky National Guard's challenge to an arbitrator's finding that it shorted workers on overtime, ruling that the arbitrator acted within his power and the award was justified.

  • May 22, 2024

    Calif. Court Rejects Arbitration Pact Stacked Against Workers

    The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

  • May 22, 2024

    Amazon Defeats Fired Executive's Equal Pay Suit

    A California federal judge threw out a former Amazon executive's suit alleging the online retail behemoth unlawfully fired her after complaining that a male counterpart earned more than her, ruling that revisions to her suit hadn't fixed the lack of detail previously called out by the court.

  • May 22, 2024

    Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told

    Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.

  • May 21, 2024

    Paramount Pictures Violated Wage Laws, Crew Member Says

    Paramount Pictures Corp. failed to pay crew members working on movie productions their total wages, denied them proper rest breaks and refused to reimburse them for out-of-pocket expenses, according to a proposed Private Attorneys General Act class action filed Monday in California state court.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit

    A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.

  • May 21, 2024

    DOL Says Challenge To New DOL Contractor Rule Can't Stand

    The U.S. Department of Labor said Tuesday its final rule sorting out whether workers are independent contractors or employees under federal law complies with the law, urging a Louisiana federal judge to toss five business groups' challenge to the rule.

  • May 21, 2024

    Some DOL Informers To Be Disclosed In Fishery Wage Case

    A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.

  • May 21, 2024

    NY HVAC Co. To Pay $15K For Demanding Wage Kickbacks

    A Long Island, New York, HVAC company will pay $15,000 in fines for threatening to fire workers if they did not kick back wage payments recovered in a U.S. Department of Labor probe, the agency announced.

  • May 21, 2024

    Dairy Queen Franchisee Seeks To Expedite DOL OT Rule Row

    A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

  • May 21, 2024

    NC Panel Cans Atty's 'Grossly Excessive' Fees In Wage Suit

    A North Carolina appeals court rejected a real estate agent's bid to be awarded nearly $500,000 in attorney fees after winning an unpaid wages lawsuit, reasoning Tuesday that state wage law doesn't require that fees be granted to a prevailing party.

Expert Analysis

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Key Employer Takeaways From DOJ's Poultry Antitrust Case

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    The U.S. Department of Justice’s settlement with three major U.S. poultry processors for allegedly conspiring to fix employee wages and benefits may signal an uptick in antitrust violation investigations and serves as a reminder to companies of the risks they face when managing employee personal data, say attorneys at Akin Gump.

  • Recent Employer Lessons On Facing Calif. Labor Hearings

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    A California state appeals court in Elsie Seviour-Iloff v. LaPaille recently set forth multiple important holdings expanding the potential relief available to employees pursuing administrative relief for wage claims with the Division of Labor Standards Enforcement, and they offer crucial takeaways for employers, says Tyler Bernstein at Sheppard Mullin.

  • Poultry Sector Wage-Fixing Case Shows Info Exchange Risks

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    The nearly $85 million settlement of a U.S. Department of Justice case accusing Cargill and other poultry processors of conspiring to suppress worker pay should prod employers and trade groups to scrutinize all exchanges of potentially competitive sensitive information for compliance with labor market antitrust rules, say attorneys at Mintz.

  • Beware Employee Tracking As A Response To 'Quiet Quitting'

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    "Quiet quitting" — a recent trend that encourages a bare-minimum work ethic — may prompt employers to electronically monitor worker productivity, but this response raises concerns about discrimination, employee classification, labor law compliance, overtime pay and workplace morale, says Chris Deubert at Constangy Brooks.

  • 9th Circ. Class Cert. Move Illustrates Individual Claim Issues

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    The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.

  • What Proposed Contractor Rule May Mean For Wage Litigation

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    The Biden administration's proposed independent contractor rule could have major implications for wage and hour litigation, but comparing it to the Trump administration's rule could help employers prepare for the next phase of employee classification disputes, say Jessica Scott and Frederick Yarger at Wheeler Trigg.

  • A Calif. Employer's Guide To Telework Expense Obligations

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    As the COVID-19 pandemic recedes and California employers face an increase in workplace reimbursement lawsuits from remote employees, it’s imperative to know what expenses must be covered — and how repayment should be administered — under state law, says Eric Fox at Gordon & Rees.

  • High Court FLSA Case Threatens OT Pay Landscape

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    The U.S. Supreme Court will soon decide in Helix Energy Solutions v. Hewitt whether a high-paid oil rig worker is entitled to overtime compensation under the Fair Labor Standards Act, and its eventual opinion could bring a new class of employees within the purview of the law’s requirements, say Melissa Legault and Wade Erwin at Squire Patton.

  • Calif. Pay Stub Ruling Spotlights Overtime, Bonus Compliance

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    Though a California appellate court's recent ruling provides a simple answer to how employers must list true-up overtime wages on pay stubs, it also underscores the importance of reviewing compliance requirements for wage statements where bonuses or other factors affect regular rates, says Paul Lynd at ArentFox Schiff.

  • 11th Circ. Clarifies FLSA Administrative Exemption

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    The Eleventh Circuit's recent decision in Fowler v. OSP Prevention Group about administrative employee determination under the Fair Labor Standards Act highlights the importance for employers to critically consider all required factors for an FLSA exemption, say Sarah Guo and Larry Perlman at Foley & Lardner.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.