Wage & Hour

  • May 07, 2024

    Amazon Worker Wants Class Cert. In Military Leave Suit

    A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.

  • May 07, 2024

    Janitorial Contractor Pays $649K To Settle Child Labor Suit

    A Tennessee janitorial contractor will pay more than $649,000 in fines to settle a U.S. Department of Labor suit alleging it permitted children to work dangerous jobs overnight, according to court documents.

  • May 07, 2024

    Apple, Amazon Accused Of Shorting Background Actors

    Apple TV and Amazon Studios LLC failed to pay background actors their full overtime wages, denied them meal breaks and forced them to cover work-related expenses, a former actor for the studios said in two proposed class actions filed in California state court.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 07, 2024

    Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto

    Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.

  • May 06, 2024

    Employer's Good Faith Axes Paystub Fine, Calif. Justices Rule

    The California Supreme Court on Monday held that if an employer had a good faith belief it was providing complete and accurate wage statements to its employees, it has not knowingly and intentionally violated state labor law, meaning workers cannot recover civil penalties offered for intentional violations of wage statement requirements.

  • May 06, 2024

    Job Opportunity Specialists Say NYC Owes Unpaid OT Wages

    New York City has not been paying its job opportunity specialists overtime wages when they perform work outside their scheduled shifts and during their unpaid meal breaks, a group of current and former employees alleged in a proposed collective action filed Monday in federal court.

  • May 06, 2024

    Judge Questions Reason For Removing Chem Co. Wage Class

    A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    Amazon Contractor Suits To Reopen After Justices Skip Cases

    Two related long-running lawsuits claiming Amazon misclassified drivers as independent contractors instead of employees will likely resume after a Washington federal judge said lifting a stay would be appropriate in light of the U.S. Supreme Court's decision not to hear two matters that might have impacted the misclassification cases.

  • May 06, 2024

    Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.

    The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.

  • May 06, 2024

    Amazon Workers Answer Judge's $5.5M COVID Deal Inquiries

    Amazon employees assured a California federal court that their $5.5 million proposed class action deal is fit for approval, giving additional information on the terms and saying the company backed ending the lawsuit accusing the e-commerce giant of failing to pay for time spent undergoing COVID screenings before shifts.

  • May 06, 2024

    FDIC, OCC Gear Up For Another Shot At Banker Bonus Rules

    The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency on Monday revived an Obama-era proposal to set restrictions on incentive-based pay for executives at big banks, a lingering item of unfinished Dodd-Frank Act business, and for now, the Federal Reserve is sitting out.

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Gerdau Steel Settles Fathers' Parental Leave Suit In Texas

    A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.

  • May 06, 2024

    Ex-Morgan & Morgan Paralegal Hits Firm With FMLA Suit

    A former Morgan & Morgan PA paralegal who says she was unlawfully fired after requesting time off under protections afforded by the Family and Medical Leave Act has sued the firm in Florida federal court, alleging interference and retaliation.

  • May 06, 2024

    Mortgage Brokers Go After Fla. Bank For OT Pay

    A Florida bank hasn't been paying its mortgage brokers time-and-a-half premiums even though they were not exempt from overtime laws and routinely worked between 50 and 70 hours per week, three former workers for the bank said in a proposed collective action in federal court.

  • May 03, 2024

    NLRB Threats May Lurk In Litigation Questioning

    A handful of recent decisions out of the National Labor Relations Board offer employers a reminder that they may risk labor lawsuits if they probe workers' conversations with colleagues or unions to bolster their cases in wage suits, challenges to union elections and other litigation.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Arbitration Exemption Doesn't Cover Cos., Conn. Judge Rules

    Two food distributors who created corporate entities while working for a food service business must arbitrate claims they were misclassified as independent contractors because a Federal Arbitration Act carveout doesn't apply to businesses, a Connecticut federal judge has ruled.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    Calif. Appeals Court Revives Joint Employment Claims

    A California state appeals court in a rehearing declined to sustain demurrers a lower court had granted to several companies that argued they could not be sued as joint employers in a worker's wage and hour lawsuit, finding the worker's claim had enough evidence to take shape.

  • May 03, 2024

    Group Home Co. To Pay $191K Deal To End DOL Wage Suit

    An operator of group homes for people with disabilities will shell out approximately $191,000 to end a U.S. Department of Labor suit claiming it failed to pay workers minimum wage and overtime, as a Michigan federal judge signed off on the deal Friday. 

  • May 03, 2024

    Workers Seek to Block Bimbo Bakeries' Quick Appeal

    Delivery drivers asked a Vermont federal judge not to grant Bimbo Bakeries' bid to appeal a decision that their collective can span three states, saying it's too early to get the Second Circuit's opinion because the collective members haven't even opted into the misclassification suit yet.

Expert Analysis

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

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    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Calif. Independent Contractor Lessons From Grubhub Suit

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    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

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    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.