Wage & Hour

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

  • February 14, 2024

    McDonald's In US Lack Adequate Lactation Spaces, Suit Says

    McDonald's employees from Kansas and New York filed a collective action in Illinois federal court Wednesday alleging the fast-food giant, which has more than 13,000 U.S. locations, and its franchisees failed to provide reasonable lactation accommodations to nursing mothers in restaurants nationwide, forcing them to pump in unsanitary spaces.

  • February 14, 2024

    Walmart Says Ex-Manager's OT Claims Too Vague To Proceed

    Walmart urged a Georgia federal court to dismiss a former manager's claims that she was misclassified as overtime-exempt, arguing that the worker failed to specify what overtime tasks she performed or when she performed them.

  • February 14, 2024

    Mich. Health Co. Settles Payroll Outage Dispute For $325K

    A Michigan health system agreed to pay $325,000 to settle over 2,000 workers' claims for unpaid wages following the Kronos timekeeping system hack in 2021 and asked a Michigan federal court to approve the deal.

  • February 14, 2024

    Musk To Face Severance Fight In Del. Court After Stay Lifted

    A proposed class action claiming workers didn't receive their severance or were fired after Elon Musk acquired Twitter is back on track after a Delaware federal judge lifted a temporary stay Wednesday.

  • February 14, 2024

    'Cy Pres' Awards Remain Tool In Wage Deals Despite Skeptics

    Parties resolving wage and hour class actions continue to occasionally include payments to organizations, five years after the issue of those payments survived challenges in the U.S. Supreme Court and the Third Circuit — though attorneys on both sides urged caution. Here, Law360 explores cy pres payments in wage litigation.

  • February 14, 2024

    Bronx DA's Office Says Ex-Worker's FMLA Claim Is Invalid

    The Bronx District Attorney's office asked a New York federal judge to dismiss a former employee's suit accusing it of discrimination under the Family and Medical Leave Act and a racially driven promotion denial, arguing that she was unable to properly establish her claims.

  • February 14, 2024

    Mental Health Agency Denied Early Win In NC Wage Suit

    A North Carolina federal judge said it's too early to decide a worker's retaliation claim against a mental health agency that offers services to children and teens and shelved the company's breach of contract counterclaim. 

  • February 14, 2024

    DOL Wage Chief Defends OT, Contractor Rules At Hearing

    A U.S. Department of Labor official backed the work of the agency's Wage and Hour Division amid tough questioning Wednesday regarding rulemaking and child labor from Republicans on a House of Representatives subcommittee.

  • February 14, 2024

    Rice Co. Lacks Space For Breast Pumping, Ex-Worker Says

    A former employee of a rice company said the business forced her to go home in order to pump breast milk after she gave birth, violating federal requirements that nursing mothers have a private, safe space to pump, the worker alleged in a proposed collective action in Arkansas federal court.

  • February 13, 2024

    Oracle Inks $25M Deal To End Women's Pay Equity Action

    A group of about 4,000 women asked a California judge Tuesday to greenlight a $25 million settlement it reached with Oracle America to resolve long-running claims they were paid less than their male colleagues.

  • February 13, 2024

    TEKsystems' Recruiters Win Class Cert. In Overtime Dispute

    More than 500 TEKsystems' recruiters scored class certification Tuesday in their wage case alleging that the staffing agency misclassified them as overtime-exempt administrators, after a California federal judge ruled that the misclassification question can be answered on a classwide basis via plaintiffs' evidence indicating they had the same primary job duties.

  • February 13, 2024

    NYC Poultry Co. Pays Subminimum Wages, Worker Says

    A New York City poultry hatchery pays its employees subminimum rates and stiffs them entirely for their overtime work, an employee said in a proposed class and collective action filed Tuesday in New York federal court.

  • February 13, 2024

    Leprino Foods, Workers Get $3.5M Meal Break Pay Deal OK'd

    A decade-old wage class action against cheesemaker Leprino Foods inched closer to resolution, as a California federal judge lent her preliminary stamp of approval to a $3.5 million settlement to claims that the company failed to pay for untaken meal and rest breaks.

  • February 13, 2024

    Colo.'s Bid To Keep Sick Leave Law Can't Fly, Airline Org Says

    The State of Colorado can't land arguments that its sick leave law should stay in place because it relied on "obsolete" precedent while overlooking other rulings axing similar laws, an airline trade group told a Colorado federal court.

  • February 13, 2024

    Oilfield Trucking Co., Ex-Driver Ink Deal Ending OT Suit

    An oilfield trucking company and a former driver asked a New Mexico federal judge to toss a collective action alleging the company denied drivers overtime pay, one month after telling the court they had reached a settlement in principle.

  • February 13, 2024

    Procter & Gamble Must Pay For PPE Donning, Court Told

    Procter & Gamble failed to compensate employees for the time they spent donning and doffing mandatory safety gear, a paper plant worker alleged in a proposed class and collective action filed in Ohio federal court.

  • February 13, 2024

    Xerox's Pay Structure Is Hour-Based, Washington Judge Rules

    The pay method Xerox and several affiliates used to compensate call center workers can only be considered an hourly structure, a Washington federal judge ruled Tuesday, rejecting the companies' "obtuse failure" to recognize several rulings on the issue.

  • February 13, 2024

    Security Guards Aim For Victory In Drawn-Out Wage Suit

    Security guards alleging their employer owes overtime pay and violated federal wage law have asked a Georgia federal court to hand them victory in the suit, claiming the company failed to respond during years of litigation.

  • February 13, 2024

    Overbroad Liability Releases Delay $250K OT Deal's Approval

    A New York federal judge denied a second motion to approve an over $250,000 overtime settlement between parking attendants and a parking garage company, ruling the liability releases are overbroad and extend protections to many unidentified entities with loose ties to the company.

  • February 13, 2024

    AI-Generated Fake Case Law Leads To Sanctions In Wage Suit

    The owner of a Missouri-based technology business that was ordered to pay an ex-employee roughly $311,000 in unpaid wages, damages and legal costs was sanctioned Tuesday by an appellate court for briefing "deficiencies," including submitting fake cases generated by artificial intelligence.

  • February 13, 2024

    Pay Equity Rule For Contractor Firms Could Nudge Others

    A proposal from President Joe Biden's administration to require federal contractors to disclose pay ranges in job ads is likely to increase the pressure on private sector employers to do so even when it isn't mandated, experts told Law360.

  • February 13, 2024

    Ex-Twitter Workers Say Severance Plan Existed In $500M Suit

    The company formerly known as Twitter had a severance plan, workers laid off in the wake of ex-CEO Elon Musk's takeover told a California federal judge, fighting Musk and X's argument that the $500 million lawsuit should be tossed because no such plan existed.

  • February 13, 2024

    7th Circ. Backs Toss Of Chicago Mail Worker's Pay Bias Suit

    The Seventh Circuit upheld the city of Chicago's win in a female mailroom worker's suit claiming a male colleague was paid more for the same work, ruling that she didn't prove he lied about having extra job duties to justify the pay gap.

Expert Analysis

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

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    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.