Wage & Hour

  • March 11, 2024

    Disability Services Co. Agrees To $850K Wage Suit Settlement​

    A company that runs care facilities for people with intellectual and developmental disabilities will pay roughly 300 California-based hourly employees about $1,700 apiece in response to claims that it underpaid workers for years, under the terms of an $850,000 settlement approved by a California federal judge.

  • March 11, 2024

    Guard Says Carvana Doesn't Pay OT For Work During Breaks

    Security guards for the used car company Carvana were required to work through their meal and rest breaks without additional pay, resulting in missed overtime wage payments, according to a worker's proposed collective action filed Monday in Ohio federal court.

  • March 11, 2024

    TGI Fridays Workers Win Class Cert. On Meal Break Claims

    A California federal judge granted 3,400 TGI Fridays workers class certification on claims that of taking almost no meal breaks during shifts, but he declined to certify a subclass of employees who worked shifts over three and a half hours without higher pay for rest breaks worked through. 

  • March 11, 2024

    Split 11th Circ. Won't Revive Doctor's Equal Pay Suit

    A split Eleventh Circuit panel backed the dismissal of a female obstetrician's suit claiming a hospital gave a male doctor better opportunities to earn bonus pay, saying the medical center put forward enough proof showing the male doctor's experience justified the difference.

  • March 11, 2024

    4 Trends To Watch As Changes In Equal Pay Law Unfold

    The equal pay landscape has evolved at a rapid clip in recent years, with new laws sparking unprecedented transparency around employer compensation practices and leading to litigation that will clarify how to define key legal standards, attorneys say. Here's a look at four trends playing out as equal pay law develops.

  • March 08, 2024

    SF Giants Don't Owe Penalties To Stadium Staff For Late Pay

    The San Francisco Giants defeated claims that they owed ballpark concessionaires accrued wages after each work assignment, as a California state appeals court ruled that an amendment to a termination pay law retroactively nullified a worker's claims. 

  • March 08, 2024

    Uber Driver Class Claims Veering Toward Split Verdict

    A Pennsylvania federal judge told a Philadelphia jury Friday to return Monday after its eight members deadlocked on whether UberBlack drivers in the city were employees of the ride-sharing company entitled to minimum wage and benefits, or independent contractors, as Uber classified them.

  • March 08, 2024

    Gerdau Steel Denied Fathers Parental Leave, Ex-Workers Say

    Male steel mill workers for Gerdau were not allowed to take parental leave when their children were born unlike their female co-workers who were granted maternity leave, in violation of federal equal pay law, according to a proposed collective action filed in Texas federal court.

  • March 08, 2024

    No Sanctions Yet For 'Wrong More Than Right' BigLaw Atty

    A Harris County judge on Friday denied a Houston firm's request to sanction a former associate despite noting that the now-BigLaw partner "has been wrong more than he's been right" during a suit he brought over $32,000 in back wages.

  • March 08, 2024

    Construction Co., Ex-Worker Settle Travel-Time Wage Suit

    A Western Pennsylvania construction worker has settled his unpaid-wages suit against Home Pro Remodelers LLC, closing his claims that the company didn't pay him for travel time or time spent on work sites without a supervisor present.

  • March 08, 2024

    4 Severance Cases Stemming From Musk's X Corp. Takeover

    A recently filed suit from four executives alleging Elon Musk cheated them out of severance pay adds to the legal fallout that Musk and X Corp. are facing in the aftermath of the tech billionaire's $44 billion acquisition of the company formerly known as Twitter.

  • March 08, 2024

    5th Circ. Shoots Down New Trial For Oil Workers' OT Row

    A group of oil field workers missed their opportunity to unwind a jury verdict, the Fifth Circuit held, by waiting until two rounds of circuit court appeals were completed before filing a motion for a new trial.

  • March 08, 2024

    5th Circ. Says Worker's Behavior Led To Firing, Not Retaliation

    Evidence in a former production technician's retaliation suit shows that a federal contractor sued him for his misconduct for his involvement in a government investigation, the Fifth Circuit ruled Friday, upholding a Texas federal court decision.

  • March 08, 2024

    6th Circ. Won't Revive White Kroger Manager's Race Bias Suit

    The Sixth Circuit backed the dismissal Friday of a white store manager's suit alleging Kroger fired him out of race and sex discrimination, ruling he failed to rebut the grocery store chain's argument that poor performance was what cost him his job.

  • March 08, 2024

    Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse

    Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.

  • March 08, 2024

    9th Circ. Gives New Hope To Attack On Contractor Wage Hike

    A Ninth Circuit panel asked four states and the U.S. Department of Labor to file additional briefs tackling whether the states waived one of their arguments while challenging a higher hourly minimum wage for federal contractors.

  • March 08, 2024

    Calif. Forecast: Apple Wants Claim Gone From Age Bias Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on a bid to dismiss part of a former Apple executive's age discrimination lawsuit. Here's a look at that case and other labor and employment matters on deck in California.

  • March 08, 2024

    Mercedes-Benz Settles 3 Workers' Kronos Hack OT Suit

    An Alabama federal judge signed off on a deal between Mercedes-Benz and three workers to settle their proposed collective action claiming the carmaker neglected to pay thousands of employees for overtime hours after its payroll system was hacked in 2021.

  • March 08, 2024

    La. Hospital Wants Atty Sanctions Over Missed Depositions

    Attorneys representing a collective of nurses accusing a Louisiana hospital of failing to pay them for missed meal breaks should be sanctioned over their clients' multiple canceled or no-show depositions, the hospital told a federal judge.

  • March 07, 2024

    Biden Touts Wage Increases In State Of The Union

    President Joe Biden on Thursday during his third State of the Union address celebrated rising wages for workers, while urging Congress to raise the federal minimum wage and pass labor legislation.

  • March 07, 2024

    Electrician Says Co. Misclassified Him As Overtime-Exempt

    An electrician accused his former employer in Texas federal court of illegally reclassifying him as an overtime-exempt salaried employee in order to duck its commitments to provide time-and-a-half compensation as required under the Fair Labor Standards Act.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    11th Circ. Told Workers Unfairly Paid With Reduced Golf Rates

    Three men who were classified as volunteers at a Florida for-profit municipal golf course urged the Eleventh Circuit on Thursday to reverse a lower court decision dismissing their lawsuit alleging they were denied fair wages after only being compensated with discounted fees on rounds of golf, saying they should get the chance to prove they were employees.

  • March 07, 2024

    Arbitration Clause In Employee Handbook Bars Litigation

    A clause in an employee handbook binds a carpenter to arbitrate unpaid overtime claims against a former employer, a New York federal judge held, even if the worker does not remember receiving or agreeing to the terms of that handbook.

  • March 07, 2024

    NYC Can't Duck Unionized Workers' Wage, Retaliation Claims

    The city of New York must face the bulk of a group of unionized workers' claims that they were illegally denied raises after assuming new positions, as a New York federal judge ruled that the workers had constitutional rights to timely pay and union association.

Expert Analysis

  • PAGA Claims Are A Gamble As Calif. Justices Mull Uber Case

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    The California Supreme Court's pending Private Attorneys General Act decision in Adolph v. Uber will have significant repercussions for both employers and employees, potentially forcing employers to question whether there is any benefit to arbitrating individual PAGA claims, says Jonathan Andrews at Signature Resolution.

  • Why Companies Lose In Gig Worker Class Cert. Cases

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    The recent class certification of gig workers in Roman v. Jan-Pro Franchising in California and Bedoya v. American Eagle Express in New Jersey shows that companies who rely on uniform contracts and policies with independent contractors expose themselves to liability in a judicial climate that increasingly favors workers, say Joan Fife and Kevin Simpson at Winston & Strawn.

  • DOL Proposal Invokes ABC Test For Contractor Classification

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    The U.S. Department of Labor recently issued a proposed rule for determining whether workers are independent contractors or employees, that, if adopted, would effectively implement California's so-called ABC test for classification and substantially rewrite the employment playbook nationwide, says Ronald Zambrano at West Coast Employment Lawyers.

  • Labor Rules Will Unlock IRA Tax Credits' Full Value

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    Companies that make sure to follow the Inflation Reduction Act's unique labor rules will be in the best position to unlock the law's tremendous tax incentives aimed at promoting renewable energy, lowering greenhouse gas emissions and encouraging carbon sequestration, say Nicole Elliott and Timothy Taylor at Holland & Knight.

  • What To Know About New Wave Of Calif. Employment Laws

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    Attorneys at Reed Smith share insights on employment and benefits laws recently enacted in California that are certain to affect employers in the year ahead — including new bereavement and medical leave requirements, expanded reproductive health care protections, a minimum wage increase, and updated pay transparency rules.

  • Enforcing Cost-Splitting Employment Arbitration Provisions

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    While recent appellate decisions and executive action have increased scrutiny of employment arbitration agreements, with careful agreement drafting and negotiation employers can still craft enforceable provisions requiring employees to split arbitration costs, says Christopher Deubert at Constangy Brooks.

  • Beware Rise In Lawsuits Under NY Manual Worker Pay Rule

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    Although the New York rule that manual workers must be paid weekly has existed for some time, there has been a significant increase in the number of lawsuits against employers after the 2019 ruling in Vega v. CM & Associates, making correct classification of employees paramount, say Heather Sager and Krista Gay at Perkins Coie.

  • Unpacking FLSA Domestic Service Worker Wage Exemptions

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    Nancy Barnes and Anthony McNamara at Thompson Hine explain the nuances of domestic service worker compensation under the Fair Labor Standards Act and the applicable exemptions to its minimum wage and overtime requirements.

  • Tips On Complying With Calif.'s New Pay Transparency Law

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    California's new pay transparency law takes effect on Jan. 1, which means that employers must take action now to ensure that they are prepared to comply with an extensive pay reporting scheme that is among the most complex and detailed in the nation, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Strategies For Approaching New NY Pay Transparency Laws

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    Pay transparency laws are proliferating in New York and across the country, resulting in a patchwork that can be challenging for employers to navigate, but considering seven key questions can help with cross-jurisdictional compliance, says Kelly Cardin at Ogletree.

  • Navigating The OT Debates In High Court Rig Worker Case

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    While recent U.S. Supreme Court oral arguments in Helix Energy v. Hewitt focused on whether an oil rig worker could qualify for the Fair Labor Standards Act’s highly compensated employee overtime exemption, the most interesting issue raised could spark new challenges to previously unquestioned overtime regulations, says Glenn Grindlinger at Fox Rothschild.

  • 3rd Circ. Ruling Shows FLSA's Broad Retaliation Protections

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    In Uronis v. Cabot Oil & Gas, the Third Circuit's recent finding that a Fair Labor Standards Act anti-retaliation provision must be interpreted broadly is the first to address the issue as it relates to employer actions against workers who intend to join a collective action, and it may encourage more equitable work environments, says Taylor Crabill at Faruqi & Faruqi.

  • How The NLRA May Slow Down The FAST Act

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    California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.