Wage & Hour

  • March 21, 2024

    Calif. Panel Says PAGA Suit Doesn't Need Individual Claim

    A California panel said a worker can sue an agriculture company under the Private Attorneys General Act even if she didn't advance individual claims under the state law, flipping a lower court's ruling striking her suit.

  • March 21, 2024

    Government Contractor Wants Out Of Exit Pay Suit

    A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 21, 2024

    Construction Workers Get $199K In Back Pay After DOL Probe

    The U.S. Department of Labor recovered more than $199,000 in back wages for 37 workers denied their full wages and benefits by a Massachusetts-based construction subcontractor working on a federally funded project at a U.S. Department of Veterans Affairs medical center in Rhode Island, the DOL said.

  • March 20, 2024

    Bridge Repair Workers Get Partial Cert. In Conn. OT Suit

    A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.

  • March 20, 2024

    Uber Spars With Calif. At 9th Circ. Over Rationality Of AB 5

    The full Ninth Circuit on Wednesday appeared to not lean one way or the other in determining whether California's Assembly Bill 5 is rational or irrational, indicating that the future of the worker classification law remains uncertain.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    3 Areas Where Equal Pay Progress Is Lacking

    Legislation across all levels of government has spurred progress on pay equity but critical gaps persist, such as the limited information employees have on their company's pay practices and the need to think about equal pay beyond compensation, attorneys say.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    Pa. Insurance Broker On Hook For Not Paying Real OT

    A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    NYC Now Lets Workers Sue For Sick Leave Violations

    A New York City law took effect Wednesday that allows workers to sue their employers for safe and sick leave violations without having to file an administrative complaint first.

  • March 20, 2024

    UFC To Pay Fighters $335M To Settle Wage Suppression Suit

    The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    11th Circ. Wage Ruling Highlights Volunteer Benefit Pitfalls

    An Eleventh Circuit ruling that a public agency operating golf courses did not owe a proposed class of golf attendants wages because they were not employees shows that clarity is needed when enlisting volunteers, attorneys said. Here, Law360 explores the issue.

  • March 19, 2024

    NBT Stiffs Tellers For Security Procedures, Workers Say

    NBT Bancorp violates the Fair Labor Standards Act and New York state wage law by failing to compensate bank tellers for time spent preparing banks to open and close for the day, two workers alleged in a proposed class and collective action filed in New York federal court.

  • March 19, 2024

    Coal Workers, Mining Cos. Settle Wage Suit

    A group of coal mining companies and a collective of miners who allege they were compelled to perform pre- and post-shift work without adequate overtime compensation told a Kentucky federal court they have reached a settlement to their over 4-year-old dispute.

  • March 19, 2024

    Fishery Says DOL Stonewalling Discovery In H-2A Probe

    The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.

  • March 19, 2024

    Philly Paralegals Get OK For OT Collective, But Not Class

    A group of some 200 paralegals in the Philadelphia District Attorney's Office may pursue claims of unpaid overtime compensation as a collective but not a class, a Pennsylvania federal court held, finding a proposed class of representatives lacked evidence of a common injury.

  • March 19, 2024

    4th Circ. Judges Vexed By Disputes In Inmates' Wage Suit

    The Fourth Circuit appeared poised Tuesday to revive claims by Maryland inmates seeking minimum wage for doing county recycling work, with judges indicating that the case is still plagued by unknowns.

  • March 19, 2024

    Software Co. Owes Back OT Wages, Payroll Worker Says

    A software company classified its payroll analysts overtime-exempt and did not pay them back wages for the hours worked over 40 in a week after reclassifying them, a former payroll worker claimed in a proposed collective and class action filed in New York federal court.

  • March 19, 2024

    Nurses Snag Collective Cert. In OT Suit Against Insurance Co.

    A Maryland federal judge signed off on a collective of nurses in an overtime suit, turning down a health insurance company's request to use a stricter, one-step method to grant collectives under the Fair Labor Standards Act.

  • March 19, 2024

    Vermont Restaurant To Pay $58K For Tip Violations

    A restaurant in Vermont will pay nearly $58,000 to resolve a U.S. Department of Labor suit accusing it of pocketing tips and firing two workers who complained, according to court papers filed Tuesday in Vermont federal court.

  • March 19, 2024

    Alston & Bird, Ex-Staffer Dodge Ga. Judge's Contempt Threat

    A Georgia federal judge in a hearing Tuesday backed off a threat to hold in contempt lawyers for Alston & Bird LLP and a former diversity staffer who sued the firm, alleging unpaid overtime claims, over their repeated failures to file a $55,000 settlement agreement with the court.

Expert Analysis

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • Preparing For Potential Changes To DOL's Overtime Rules

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    While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

  • Cost-Splitting Arbitration Clauses Threaten Workers' Rights

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    A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.

  • Pa.'s Changing Employment Laws In 2022 And Beyond

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    With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

  • Musician Classification Pointers For Wash. Hospitality Cos.

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    Following a recent increase in audits by the Washington State Employment Security Department concerning hospitality employers’ classification of musical performers, businesses are strongly encouraged to assess state law requirements governing their relationship with hired talent and ensure written contracts are in place, say Emily Bushaw and Shannon McDermott at Perkins Coie.

  • Employer Ramifications From Wash. Prevailing Wage Ruling

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    After the Washington Supreme Court's recent ruling in Associated General Contractors v. Washington that altered how prevailing wage rates are set, employers of public works projects can expect to see higher wage rates for their employees, say Cassidy Ingram and Brett Hill at Ahlers Cressman.

  • In 2023, Pursue The 'Why' Behind Employment Compliance

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    As employers approach new compliance requirements that will take effect on Jan.1, considering why these laws and regulations were put in place — rather than what must be done to satisfy them — can open greater opportunities to move ahead of the curve and align actions with company values and culture, says Christopher Ward at Foley & Lardner.

  • Employee Pay Takeaways From Computer Startup Time Ruling

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    The Ninth Circuit’s recent ruling in Cadena v. Customer Connexx, which held that time spent booting up laptops is compensable, is a reminder of how the continuous workday rule affects employee pay and provides insight on whether other types of tasks are integral and indispensable, say attorneys at Husch Blackwell.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.