Wage & Hour

  • February 09, 2024

    NY Forecast: 2nd Circ. To Hear Eatery Challenge $5M Verdict

    This week the Second Circuit will consider a request from the operator of New York City restaurants to undo a $5 million judgment against it in a class action brought by tipped workers who claimed they were improperly paid under New York law. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 09, 2024

    Airline Customer Service Reps OT Exempt, Ariz. Judge Rules

    Airline employees who do not personally engage in transportation-related activities are exempt from the Fair Labor Standards Act's overtime pay rules, an Arizona federal judge ruled.

  • February 09, 2024

    Oil Co. Tells Justices Antitrust Case Raises Arbitration Issue

    A $1.8 billion antitrust case seeking the U.S. Supreme Court's intervention highlights how imperative it is for the justices to sort out whether a nonsignatory to an arbitration agreement may invoke arbitration, an oil and gas company said.

  • February 09, 2024

    Calif. Fragrance Co. Pays $1M For Wage Violations

    A fragrance company and related entities paid $1 million to settle allegations brought by the California Labor Commissioner's Office that they failed to pay 107 employees their full wages and denied meal and rest breaks, the office announced.

  • February 09, 2024

    Grubhub Driver's Standing Woes Expose Calif. Litigation Quirk

    California's federal courts have tough standing requirements that may weaken a worker's ability to pursue Labor Code penalties on others' behalf, potentially softening a case that could have stung more if it were in state court, experts told Law360.

  • February 09, 2024

    Ford Plant's Meetings Cheat Workers Out Of OT, Court Told

    Process coaches at Ford must attend pre- and post-shift meetings before they clock in and after they clock out, cheating them out of overtime pay, a former worker alleged in a proposed collective action filed in Ohio federal court.

  • February 09, 2024

    Calif. Forecast: Nurses' Overtime Issue At 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a consolidated collective action dealing with whether nurses for the City and County of San Francisco are exempt from overtime. Here's a look at that case and other labor and employment matters on deck in California.

  • February 09, 2024

    AECOM Pay Suit Can't Yet Leave Court's Sight, Judge Says

    A New York federal judge rejected a group of construction workers' request to dismiss their suit claiming an AECOM unit paid them late, saying the court would need to review any potential settlements of Fair Labor Standards Act claims in the case.

  • February 08, 2024

    Yamaha Worker Must Arbitrate PAGA Claim, Panel Rules

    A California state appellate court on Thursday reversed in part a trial court's order in a proposed class action accusing Yamaha Motor Corp. of withholding wages, saying recent rulings in the Golden State's high court require the former employee to arbitrate her individual Private Attorneys General Act claim.

  • February 08, 2024

    Judge Voids Arbitration Pacts Signed Amid Wage-Hour Suit

    A chauffeured transportation company improperly demanded that employees agree to arbitrate wage claims as a precondition to continued employment after the certification of a Fair Labor Standards Act collective, an Arizona federal judge found.

  • February 08, 2024

    Mass. Appeals Court Won't Revive State Worker's Wage Suit

    A Massachusetts appeals court affirmed Thursday the dismissal of a complaint by a retired state employee seeking to recoup accrued vacation pay against the Commonwealth, finding her claim is precluded under sovereign immunity and she didn't exhaust the grievance procedures in her bargaining agreement.

  • February 08, 2024

    Federal Workers Drop Claim To Pay For Work Amid Shutdown

    Federal employees who alleged they were unlawfully paid in an untimely manner during the 2019-2020 government shutdown told the Court of Federal Claims to end their pursuit of penalties for their late wages.

  • February 08, 2024

    Teamsters Escape Suit Over United Airlines Raise Calculations

    The Teamsters were dismissed from a suit brought by United Airlines workers alleging that the union and airline shorted them on raises, with a California federal judge ruling that the Teamsters reasonably decided not to give workers access to wage data or pursue their grievances related to the dispute.

  • February 08, 2024

    DOL Seeks To Ax Challenge To New Davis-Bacon Rule

    The U.S. Department of Labor has asked a Texas federal judge to toss the Associated Builders and Contractors' lawsuit seeking to stop the agency from enforcing a final rule regarding prevailing wage rates for federal construction projects, saying the group didn't show how the rule would harm its members.

  • February 08, 2024

    11th Circ. Keeps Nissan's Win In Mechanics' Wage Suit

    Nissan can escape a proposed wage and hour collective action brought by dealership mechanics because it didn't jointly employ them, the Eleventh Circuit said Thursday, upholding a Florida federal court's decision in favor of the car manufacturer.

  • February 08, 2024

    Pa. AG Says State, FLSA Wage Laws Deserve Separate Look

    Pennsylvania state law is more protective than the Fair Labor Standards Act and therefore a federal jury should mull those two statutes separately when it decides whether UberBlack limo drivers are employees or independent contractors, the state attorney general told a Pennsylvania federal court.

  • February 08, 2024

    Justices Hear Ga. Sheriff Is Immune From Guards' Overtime Suit

    A Georgia county is urging the U.S. Supreme Court to reject jail guards' attempt to revive their suit against the local sheriff for allegedly failing to pay overtime, arguing federal appeals courts have repeatedly found the Constitution shields state officials from wage suits.

  • February 08, 2024

    6th Circ. Reverses Trucking Co.'s Win In Retaliation Suit

    The text messages a driver exchanged with a trucking company's owner before being fired aren't clear on what wage and hour aspect the worker was complaining about, the Sixth Circuit ruled, flipping the employer's win in Michigan district court.

  • February 08, 2024

    Delivery Drivers Cleared To Pursue Wage Claims As Collective

    An Illinois federal judge granted conditional certification to a collective of over 100 delivery company drivers and denied the company's bid to dismiss their suit alleging it misclassified them as independent contractors and illegally deducted from their wages, saying they cleared the lower bar for conditional certification.

  • February 07, 2024

    Fintech Group Wants CFPB To Regulate Earned-Wage Access

    A fintech industry group urged the Consumer Financial Protection Bureau on Wednesday to undertake a formal rulemaking process for the regulation of so-called earned-wage access services, decrying a developing, state-level patchwork of regulations on the industry.

  • February 07, 2024

    NY Cleaning Co.'s $950K OT Wage Deal Approved

    A cleaning company and its workers finalized a $950,000 settlement to claims that the company breached its obligations under federal and New York state law to provide adequate overtime compensation, with a federal judge giving final approval Wednesday.

  • February 07, 2024

    4 Tips To Manage Layoffs And Reduce Litigation Risk

    Layoffs are never easy, but the way they are done makes a huge difference. Employers should ensure they apply equal pay principles to severance packages and follow distinct jurisdictional obligations for final pay, among other tips, attorneys say.

  • February 07, 2024

    Firefighters Won't Receive Pension Hike, Conn. Justices Rule

    Firefighters who voluntarily retired during ongoing collective bargaining proceedings are not entitled to increased pension benefits corresponding with retroactive wage increases, the Connecticut Supreme Court ruled.

  • February 07, 2024

    $1.5M Ulta COVID Screening Wage Deal Gets Judge's OK

    A California federal judge placed the last stamp of approval Wednesday on a $1.5 million deal resolving claims that Ulta required tens of thousands of employees to undergo COVID-19 screenings and bag checks without pay.

  • February 07, 2024

    Farming Nonprofit Supports DOL H-2A Wage Rule At 4th Circ.

    A group of ranches and farms' argument that the new U.S. Department of Labor's rule for H-2A workers' wages would facilitate illegal immigration is speculative and the Fourth Circuit should ignore it, a nonprofit organization helping migrants and seasonal workers said.

Expert Analysis

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

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    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.