Julie Su, President Joe Biden's long-running nominee for labor secretary who has been temporarily serving in the role for the past year, made it through a Senate committee Tuesday, though her fate in the full chamber is uncertain.
A fresh split between state appeals courts in New York on how to enforce a weekly pay requirement is making it hard for federal courts to know which precedent to follow, attorneys told Law360.
The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.