Wage & Hour

  • February 13, 2024

    FedEx Contractor, Drivers Get Approval For OT Settlement

    An Arkansas federal judge signed off on a settlement between a FedEx contractor and a delivery driver who accused the contractor of misclassifying drivers as overtime-exempt and withholding pay because it incorrectly considered the drivers' day rates to be salaries.

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Ex-Levi & Korsinsky Partner Drops Sex Bias Suit Against Firm

    A former partner at Levi & Korsinsky LLP on Monday permanently dropped her New York federal court lawsuit alleging sex-based discrimination and retaliation.

  • February 12, 2024

    Wash. Hospital, Worker Settle Meal Break Wage Suit

    A Washington hospital and the medical coder who accused it of compelling workers to push through ostensible meal breaks without adequate compensation told a federal court Monday they reached a settlement in principle to their dispute.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Aaron's Job Applicant Insists He Can Sue Over Online Posting

    A job seeker is claiming he has a right to sue rent-to-own retailer Aaron's for allegedly running afoul of Washington's pay transparency law even though he was never hired, arguing it would be "absurd" to require him to take the job before being able to sue over a lack of details in a posting.

  • February 12, 2024

    Worker's NY Late Pay Claims Can Continue

    A worker has the right to keep pursuing her claims that the operator of several retail establishments flouted New York law by paying her on a biweekly basis, a federal judge ruled Monday, departing from a recent state appeals court.

  • February 12, 2024

    9th Circ. Revives Lowe's Worker's Nonindividual PAGA Claims

    The Ninth Circuit upheld a decision ordering a Lowe's employee's individual California Private Attorneys General Act wage claims to arbitration, finding Monday that her arbitration agreement was enforceable and vacating the dismissal of her representative claims with instructions to apply the California Supreme Court's holding in Adolph v. Uber Technologies.

  • February 12, 2024

    Tenn. Workers Say Chipotle Erases OT From Time Cards

    Chipotle shaves hours off employees' time cards to erase its obligation under the Fair Labor Standards Act to pay time-and-a-half wages for overtime work, two employees alleged in a proposed collective action filed in Tennessee federal court.

  • February 12, 2024

    Medical College Accused Of Violating FLSA, NY Labor Law

    Hundreds of entry-level research coordinators at a Bronx, New York, medical college work 45 to 50 hours a week without overtime pay, a former coordinator alleged in a proposed class and collective action filed in New York federal court.

  • February 12, 2024

    Financial Services Co. Underpaid Women Execs, Ex-VP Says

    Trustly Inc. vastly underpaid female executives compared to their male colleagues in keeping with a misogynistic "tech-bro culture," according to a former vice president who claimed in a complaint filed in New Jersey federal court that she was discharged for raising concerns about the pay disparity.

  • February 12, 2024

    Court Reporters Deemed Exempt Contractors In Benefits Case

    A New Jersey appellate court on Monday partially undid orders requiring two legal transcription services companies to reimburse the state for unpaid unemployment and disability benefits, ruling that court reporters are exempt independent contractors under state law.

  • February 12, 2024

    Worker Must Arbitrate Wage Suit, Tackle PAGA Claim Venue

    A worker will have to solve in arbitration her wage and hour claims and allegations under California's Private Attorneys General Act against Gruma Corp., a California federal judge ruled, while asking the parties to address where the PAGA claim can be amended.

  • February 12, 2024

    Fleet Deckhands Sue Food Co. ADM Over Day Rate Pay

    Fleet deckhands working on river barges for food processing company Archer-Daniels-Midland only received a flat rate for each day of work even if they worked overtime hours, a worker alleged in a proposed collective action filed in Illinois federal court.

  • February 09, 2024

    Ex-Terminix Worker Asks 9th Circ. To Revive PAGA Wage Fight

    A former Terminix worker urged the Ninth Circuit on Friday to vacate an order tossing his nonindividual wage claims while sending his individual California Private Attorneys General Act claims to arbitration, arguing he has standing to bring nonindividual claims under the California Supreme Court's decision in Adolph v. Uber Technologies. 

  • February 09, 2024

    5th Circ. Orders Court To Find Who Benefits From Free Work

    Courts tasked with determining whether drug rehabilitation program participants who perform labor as part of their treatment are employees with rights to wages must determine who primarily benefits from the unpaid work, the Fifth Circuit ruled Friday.

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    Trucking Co. Mounts Challenge To New DOL Contractor Rule

    The U.S. Department of Labor's assertion of a six-pronged test for determining whether workers are rightfully classified as employees and independent contractors is out-of-step with modern business models, a trucking company told a Louisiana federal court in a bid to nix the rule.

  • February 09, 2024

    Bloomberg Inks $8.6M Deal In OT Fight With Data Analysts

    A trio of ex-Bloomberg data analysts said Thursday that the media company has agreed to pay $8.6 million to end class and collective action allegations in New Jersey federal court accusing the data and media company of failing to pay them for overtime work.

  • February 09, 2024

    3rd Circ. Won't Revive Fired Officer's Infertility Leave Bias Suit

    The Third Circuit on Friday backed the dismissal of a juvenile probation officer's suit claiming she was fired for requesting time off to recover from an infertility-related procedure, ruling that she hadn't put forward enough proof to disqualify the state's assertion she was fired for sloppy case filings.

  • February 09, 2024

    Cushman Doesn't Pay Workers On Time, Suit Says

    A former Cushman & Wakefield employee accused the real estate services firm of not paying him on time in New York federal court this week.

  • February 09, 2024

    Freight Co. Workers Fight To Keep Fingerprint Data Suit Alive

    Old Dominion Freight is only raising a timing argument to dodge claims it unlawfully scans and stores employees' fingerprints without their consent because "it is upset," a group of workers told an Illinois federal judge Friday.

  • February 09, 2024

    Charter Fights Surprise Sanctions Bid Over Destroyed Docs

    Charter Communications called workers' bid to sanction it for allegedly destroying training materials a "premature and overstated sideshow" that attempts to distract the court from the merits of their wage and hour case, according to a filing in California federal court.

  • February 09, 2024

    Mich. Security Co. To Pay $151K For Misclassifying Workers

    A Michigan security company will pay more than $151,000 for misclassifying employees as independent contractors, according to a judge's order in a U.S. Department of Labor suit in Michigan federal court.

  • February 09, 2024

    Security Co. To Pay Worker OT To End Wage Suit

    A security company will pay a worker unpaid overtime and damages following a jury's determination that it was on the hook for unpaid wages, a California magistrate judge ordered, ending a six-year proposed class action that took a trip to the Ninth Circuit.

Expert Analysis

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.