Wage & Hour

  • February 28, 2024

    Ex-Development Director Asks 4th Circ. To Flip Bias Suit Loss

    A former development director for a North Carolina city said she supported her sex discrimination and retaliation claims with evidence that she was treated differently from male colleagues, urging the Fourth Circuit to overturn the city's win in her suit.

  • February 28, 2024

    8th Circ. Axes Federal Mine Agency's Win In Pay Bias Row

    A unanimous Eighth Circuit panel tossed a Federal Mine Safety and Health Review Commission ruling that a cement company discriminated against a worker by cutting bonuses she was to receive for helping federal inspectors at a mine, saying Wednesday the cut was not motivated by bias.

  • February 28, 2024

    Littler Transportation Co-Leader Jumps To Ogletree In SF

    Ogletree Deakins Nash Smoak & Stewart PC announced Wednesday that the co-leader of Littler Mendelson PC's transportation industry group was joining the firm as a shareholder in its San Francisco office.

  • February 28, 2024

    3 Tips To Not Mess Up Calif. Pay Data Reports

    Reporting pay data to state agencies is a newer facet of pay transparency, and attorneys say employers must set out clear compensation decision schemes and start gathering information sooner rather than later to stay in compliance.

  • February 28, 2024

    Texas 7-Eleven Operator Pays $56K For Wage Violations

    A company operating a Texas 7-Eleven paid nearly $56,000 in back wages, damages and fines for denying workers their full wages, the U.S. Department of Labor announced.

  • February 28, 2024

    Fast Fashion Co. To Pay $55K To Settle Ex-Driver's OT Suit

    A fast fashion company will pay $55,000 to settle a suit brought by the company CEO's former chauffeur who alleged that he was illegally misclassified as an overtime-exempt salaried worker and was paid too infrequently, according to court papers filed in New York federal court Wednesday.

  • February 28, 2024

    Unsigned Arbitration Pact Hits A Wall in Texas Wage Case

    A Texas federal magistrate judge recommended denying a swimming pool contractor's motion to compel a former worker's unpaid overtime suit into arbitration, saying the arbitration agreement was invalid because the company hadn't signed it.

  • February 28, 2024

    NM Health Dept. Says Worker In Bias Suit Fired For Behavior

    The New Mexico public health department said that it passed on promoting a former business operations specialist supervisor because someone else was more qualified and that it terminated the worker for inappropriate behavior, urging a federal court to grant it a win in his disability bias suit.

  • February 28, 2024

    Calif. Restaurant Operator Coughs Up Wages For Unpaid OT

    A restaurant with multiple locations in California paid nearly $188,000 in back wages, damages and fines for denying overtime compensation, the U.S. Department of Labor announced Wednesday.

  • February 28, 2024

    Nurse Wants Staff Co. Wage Suit Paused For 11th Circ. Appeal

    A nurse asked a Georgia federal judge to stay her proposed class action alleging a staffing firm lured nurses to work in Florida using unfulfilled wage promises, pending her appeal of a ruling denying her bid for class certification.

  • February 27, 2024

    Prof Says Law School Failed To Accommodate Long COVID

    A former Mercer University School of Law professor accused the school in Georgia federal court of yanking her off the tenure track in retaliation for her protected use of Family and Medical Leave Act leave and underpaying her because she is Black.

  • February 27, 2024

    $11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit

    A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

  • February 27, 2024

    Colo. Wants Immediate End To Sick Leave Law Challenge

    The state of Colorado called on a federal court to immediately dismiss an airline lobbying group's challenge to a state sick leave law, arguing that recent precedent established that the law was not preempted by the Airline Deregulation Act.

  • February 27, 2024

    DOT Handled Worker's Diabetes Like Alcoholism, Suit Says

    The U.S. Department of Transportation treated an air traffic controller like an alcoholic rather than a diabetic after he received a false positive on a breathalyzer test, forcing him to complete inpatient addiction treatment or face termination, according to a lawsuit filed in New York federal court.

  • February 27, 2024

    3 Wage-Hour Tips To Keep In Mind For Leap Year

    An extra pay period and the potential for a salaried employee to no longer be overtime-exempt are some of the considerations employers should keep in mind for a leap year, attorneys said. Here, Law360 offers tips for leap year wage-and-hour compliance.

  • February 27, 2024

    Lowe's Asks Full 9th Circ. To Review PAGA Ruling

    A Ninth Circuit panel should have solely relied on a U.S. Supreme Court decision when it overturned the dismissal of an ex-Lowe's employee's representative Private Attorneys General Act claims, the home improvement retailer said, asking for the full court to intervene.

  • February 27, 2024

    UFC, Fighters In Mediation Ahead Of Wage Suppression Trial

    Ultimate Fighting Championship has entered private mediation with a group of fighters suing the promotion in Nevada federal court for suppressing their wages by up to $1.6 billion, adding a new wrinkle to the case just weeks ahead of trial.

  • February 27, 2024

    Fla. Roofing Co. Pays $36K To End DOL Wage Suit

    A roofing company paid more than $36,000 in back wages to end a U.S. Department of Labor suit accusing it of denying employees full wages, according to papers filed in Florida federal court Tuesday.

  • February 27, 2024

    DOL Contractor Rule Critics Ask 5th Circ. To Hasten Remand

    The business coalition suing to block the U.S. Department of Labor's independent contractor rule asked the Fifth Circuit to expedite issuing a mandate remanding the case to lower court, saying it needs to file an amended complaint attacking the latest version of the rule before it takes effect.

  • February 27, 2024

    Drivers Tell Justices Dismissal Not Needed During Arbitration

    The Federal Arbitration Act is clear that courts should issue a stay on arbitrable suits, three delivery drivers told the U.S. Supreme Court, arguing that a Ninth Circuit decision tossing their misclassification claims clashes with the federal statute.

  • February 27, 2024

    Hospital Denies Nurses OT For Work During Breaks, Suit Says

    A Michigan hospital has been refusing to pay a group of nurses and technicians overtime wages by automatically deducting pay for meal breaks they cannot take, according to a proposed collective action filed in federal court.

  • February 26, 2024

    Atlanta Dancer, Club, Want OK On $10K Wage Deal

    An Atlanta strip club and a dancer who said she and her colleagues were denied minimum or overtime wages told a Georgia federal court Monday that they had reached a $10,000 settlement to their wage dispute.

  • February 26, 2024

    Colo. Workers Say United Jumped Gun On OT Exemption

    Employees of a United Airlines subsidiary who cleaned aircraft in Colorado airports were denied time-and-a-half overtime pay when they voluntarily picked up colleagues' shifts, two workers have alleged in a proposed class action filed in Colorado federal court.

  • February 26, 2024

    Coroners' OT Suit Trimmed, But Exemption Question Remains

    A Pennsylvania county snagged a partial win in three deputy coroners' suit claiming unpaid overtime and retaliation, even though a federal judge said it is still not clear whether the workers fall under a federal exemption even after the case went to the Third Circuit.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.