Wage & Hour

  • March 27, 2024

    State & City Roundup: Wage And Hour News To Watch

    Minneapolis' upcoming pay floor for gig drivers may get a second look in the City Council, and Washington, D.C., has joined the wave of requiring pay transparency. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    Ore. Judge Approves Club's Partial Early Win In Wage Suit

    An Oregon federal judge on Tuesday adopted a magistrate judge's recommendation to grant a strip club a partial early win in a group of dancers' wage lawsuit against it, agreeing that the workers' federal wage claims were brought too late and that their retaliation claim hadn't properly identified their employer.

  • March 26, 2024

    Amazon Workers Tag Calif. Ruling On Pay For Screening Time

    Workers accusing Amazon of owing them pay pointed to a newly released California Supreme Court decision to support their arguments that a settlement in a case pending in a Kentucky multidistrict litigation shouldn't go forward, according to a Tuesday filing in California federal court.

  • March 26, 2024

    Gender Pay Bias Claims Against MetLife Allowed To Proceed

    A New York federal judge in Manhattan trimmed hostile work environment and biased firing claims Tuesday from a gender discrimination lawsuit a fired female executive brought against insurance company MetLife, but said there was enough evidence the insurance giant paid her less than her male co-workers and denied her promotions.

  • March 26, 2024

    Calif. Appeals Court Hands Fees To Pizza Driver In Wage Case

    Workers who prevail against their employers in unpaid wage litigation must be awarded reasonable attorney fees and costs, a California appeals court held, even if judges believe those cases are better filed in small claims court.

  • March 26, 2024

    DOL Urges 4th Circ. To Keep $9M Nurse Classification Ruling

    A medical staffing company is trying to circumvent clear error standards simply because it didn't like a federal court's conclusion that the company must pay $9 million in a misclassification suit, the U.S. Department of Labor told the Fourth Circuit.

  • March 26, 2024

    6th Circ. Ruling Raises Bar For Reimbursing Drivers' Costs

    A Sixth Circuit panel added to confusion about how employers are supposed to reimburse workers' expenses when it vacated lower court decisions that endorsed a pair of methods for tabulating pizza delivery drivers' outlays.

  • March 26, 2024

    Calif. Logistics Co. To Pay $454K To End DOL Wage Suit

    A logistics company in San Diego will pay more than $454,000 in back wages and damages for denying workers overtime and minimum wage rates, according to court papers filed by the U.S. Department of Labor in California federal court Tuesday. 

  • March 26, 2024

    Fed. Circ. Revives VA Pharmacist's Gender Pay Bias Suit

    The Federal Circuit breathed new life Tuesday into a pharmacist's suit alleging she was paid less than a male colleague by a U.S. Department of Veterans Affairs medical center, ruling the federal government can't rely on salary history alone to dispel gender bias claims.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    Tortilla Co. Can't Scrap Drivers' Unpaid OT Claims

    A tortilla manufacturer must face claims that it illegally denied two drivers overtime wages after a Texas federal judge denied the company's request for an early win, saying it had not proven that an exemption for outside sales workers applied to the drivers.

  • March 26, 2024

    Workers, Athena Health Seek OK For Meal Break Wage Deal

    Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.

  • March 25, 2024

    Gorsuch Irked At Having To Decide $3K Furlough Dispute

    Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.

  • March 25, 2024

    Waiting For Car Security Checks Is Work, Calif. Justices Say

    Time spent by workers undergoing an employer's security check that includes an inspection of the worker's personal vehicle is compensable as hours worked, but time spent driving between the security gate and the parking lot is not, the California Supreme Court ruled Monday, answering a Ninth Circuit panel's queries.

  • March 25, 2024

    DOJ Slammed For Backing GEO Group In Detainee Wage Fight

    A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.

  • March 25, 2024

    Ex-Boar's Head Worker Gets Collective Cert. In Late Pay Suit

    A New York federal judge said a former Boar's Head employee showed that other workers are similarly situated in his late pay suit, granting the worker's bid for conditional certification of a collective.

  • March 25, 2024

    X Can't Boot Severance Suit To Arbitration, Ex-Worker Says

    A former employee told a Delaware federal court that X Corp. can't derail a suit alleging it owes $500 million for skimping on severance pay after Elon Musk took over and fired thousands of workers, saying X breached the pact it's trying to use to force arbitration.

  • March 25, 2024

    5th Circ. Told Procurement Act Limits Biden's Wage Power

    The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.

  • March 25, 2024

    DC Health Dept. Contractor Pays $560K After DOL Probe

    An operator of group homes under contract with the D.C. Behavioral Health Department paid more than $560,000 for denying 34 workers their full wages and benefits, the U.S. Department of Labor announced Monday.

  • March 25, 2024

    Spending Bill Gives $260M To DOL Wage Division

    The U.S. Department of Labor's Wage and Hour Division is expected to receive $260 million through the end of the fiscal year after President Joe Biden signed off on the latest bipartisan government funding bill.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Tenn. Mechanical Parts Co. Fined For Child Labor Violations

    A Tennessee company that manufactures parts for outdoor power equipment will pay nearly $297,000 in fines and turn over $1.5 million in profits to settle a U.S. Department of Labor suit accusing it of violating child labor laws, according to court filings.

  • March 25, 2024

    Amazon Says Security Time Was Optional, Noncompensable

    Amazon urged a New Jersey federal court to dismiss claims that it illegally withheld pay for time spent in mandatory security screenings, arguing that the undisputed facts establish that those screenings were not mandatory at all.

  • March 25, 2024

    Justices Won't Review Nullification Of Puerto Rico Labor Law

    The U.S. Supreme Court on Monday declined to review a First Circuit finding that Puerto Rico's fiscal management board was within its authority to void a 2022 labor law expanding some benefits for private employees because it had not been given an opportunity to review the legislation.

Expert Analysis

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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    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
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    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

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    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

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    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

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    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.