Wage & Hour

  • February 28, 2024

    2nd Circ. Says Verizon Unit Can't Dodge Gender Bias Suit

    The Second Circuit revived a gender bias suit by a Verizon salesperson who claimed she was regularly subjected to sexual comments and then targeted in a layoff for complaining about it, ruling Wednesday that she put forward enough detail to send her allegations to a jury.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • 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

    Biden's Labor Secretary Nom Clears Senate Committee Again

    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.

  • 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.

Expert Analysis

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.