A group of lab testing companies and California employees who say they were denied pay for COVID-19 screenings have ended their wage dispute, as a California federal judge granted final approval to a $1.7 million settlement.
A recent New York appeals court's decision makes it clear workers can't lodge late payment claims against their employers, Sephora told a New York federal court, urging it to toss two workers' suit that the beauty chain didn't pay them on time.
A worker accusing a delivery service of misclassifying him as an independent contractor urged a California federal judge to toss the company's third-party complaint against his company, saying the delivery company wants to shift the blame and costs or scare the worker into axing his suit.
Among the series of complaints New York City fired off in the past six months accusing companies of flouting its salary transparency law are three cases that experts said shine a much-needed light on what the city's civil rights enforcement arm considers a reasonable wage range for a job ad.
In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.
A maintenance worker who lost an administrative case alleging his ex-employer owed him money for unused paid time off when he was fired cannot try again to get a judgment in state court against the hospital where he worked or Michigan labor regulators, an appellate panel has found.
In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.
A year after announcing his departure as U.S. labor secretary, Marty Walsh says his government experience has come in handy as he oversees the professional hockey players' union, including as they prepare to bargain for a new agreement, and that he's willing to keep pushing for the confirmation of his successor.
New York Attorney General Letitia James' office put a New York City law firm on notice Friday, warning in a cease-and-desist letter that the firm must immediately stop proffering unnecessary legal services to "help" Uber and Lyft drivers secure funds, for a fee, stemming from a November New York Labor Law settlement.
A model is entitled to recover almost $43,000 in attorney fees for defending a vape maker's Ninth Circuit appeals of the worker's lower court win in her lawsuit alleging late payment for her work, a three-judge panel for the appeals court has ruled.
A case set for oral arguments Tuesday before the U.S. Supreme Court could help transportation workers show they're exempt from federal arbitration law. Here, Law360 breaks down the dispute ahead of the hearing.
A former worker is accusing the owner of about 400 Supercuts, Cost Cutters and Holiday Hair salons in seven states of shortchanging its hourly employees on their compensation by not accounting for commissions and other non-discretionary bonuses in their overtime rate calculations.
A delivery company did not meet the standard for an immediate appeal of a ruling in favor of a group of drivers alleging they were misclassified as independent contractors, a Massachusetts federal judge ruled in denying the company's motion to appeal to the First Circuit.
The California Supreme Court won't again mull an Uber driver's misclassification Private Attorneys General Act suit, denying the company's bid to weigh whether nonindividual claims under the state law should survive if individual ones go into arbitration.
A recent U.S. House committee hearing put a spotlight on how a new U.S. Department of Labor independent contractor rule applies to real estate agents, reviving an ongoing debate weeks before the regulation is set to take effect. Here, Law360 explores the issue.
Auto retailer Autolenders is asking a New Jersey federal judge to toss claims from a former worker that he was fired for complaining about not being paid for overtime, arguing that in an amended complaint, the ex-employee improperly attempted to distance himself from his initial claims that he worked as a salesman.
Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.
A Houston lawyer and his firm, Berg & Androphy, are urging a Texas state court to reject an attempt by a former employee and current partner with Lewis Brisbois Bisgaard & Smith LLP to avoid $457,190 in potential sanctions for allegedly harassing Berg & Androphy with years of legal fights over back wages.
A longtime Liskow & Lewis attorney has jumped to Bradley Arant Boult Cummings LLP's labor and employment practice in Houston in an effort to further the firm's strategic growth in Texas.
A California court didn't ignore and actually followed U.S. Supreme Court precedent when it ruled that representatives' claims brought under California's Private Attorneys General Act can remain in court if individuals go into arbitration, an Uber driver has told the justices.
A New York community bank doesn't pay workers for tasks involved in opening the bank at the beginning of the day, a former banker claimed in a proposed collective action in federal court, saying the bank's payroll system did not let workers enter time for those duties.
Representative and individual claims brought under California's Private Attorneys General Act are inseparable when it comes to arbitration, a legal organization told the U.S. Supreme Court on Wednesday, backing Lyft's challenge to a California state appellate court's decision preserving a former driver's representative claims.
Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.
A proposed class of servers hit two Manhattan-based Korean barbecue restaurants with a wage-and-tipping suit Wednesday in New York federal court, claiming their former employers failed to adhere to "strict" tip credits governed by the state and the Fair Labor Standards Act.
A Kansas federal judge declined to toss a proposed collective action accusing a nursing home company of failing to pay its nursing assistants all their wages owed, rejecting the company's argument that state wage law does not apply and saying the workers had staked a plausible claim.
A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.
The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.
Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.
Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.
Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.
Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.
A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.
Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.
The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.