Wage & Hour

  • February 07, 2024

    Home Healthcare Aide Seeks Collective Cert. In OT Suit

    A home healthcare aide urged a Maryland federal judge Wednesday to grant conditional certification to a group of aides alleging their employer misclassified them as independent contractors so it could avoid paying them overtime wages, saying they faced the same pay practices.

  • February 07, 2024

    Mich. Popeyes Franchise Fined $48K After Child Labor Probe

    A Popeyes franchise in Michigan was assessed more than $48,000 in fines for letting minors work at times when the law does not permit it. 

  • February 07, 2024

    Roofing Contractor Pays $117K For Minor's Death After Fall

    An Alabama roofing contractor paid more than $117,000 in penalties for employing a minor in a dangerous task that led to his death, the U.S. Department of Labor announced Wednesday. 

  • February 06, 2024

    Staffing Firm To Exit Pa. Nurse's Wage Action

    One of two staffing firms accused of shorting Pennsylvania nurses for their overtime work will exit a proposed class action, as a nurse informed a Pennsylvania federal court that she had agreed to arbitrate her claims against the company.

  • February 06, 2024

    Amazon Says Class Cert. Not Appropriate In Military Bias Suit

    Claims that Amazon systematically demoted and fired workers who took military leave should not move forward on a class basis, the online retail giant said, telling a Washington federal court that evidence shows thousands of military workers took time off without a hitch.

  • February 06, 2024

    Workers Say Packaging Cos. Must Pay For Donning, Doffing 

    Two packaging material manufacturers fail to compensate employees for time spent donning and doffing personal protective equipment, workers told an Indiana federal court in a proposed collective action.

  • February 06, 2024

    9th Circ. To DOL In Wage Rule Case: 'That's Just Not True'

    A Ninth Circuit panel on Tuesday appeared to push back against the federal government's argument that the U.S. Department of Labor's federal contract worker minimum wage rule is lawful because it promotes economy and efficiency.

  • February 06, 2024

    Oil Rig Workers Say Texas Energy Co. Shorted OT

    Three former oil rig workers for an energy company worked between 40 and 60 hours each week without time-and-a-half overtime wages for the additional hours, they alleged in a Tuesday complaint filed in Texas federal court.

  • February 06, 2024

    Bojangles Asks 4th Circ. To Break Up Manager Wage Classes

    Fried chicken restaurant chain Bojangles urged the Fourth Circuit to decertify two classes comprising over 5,000 shift managers accusing the company of failing to pay them for all their hours worked, saying the managers don't have enough in common for the classes to stand.

  • February 06, 2024

    Selective Wage Arbitration Avoids Mass Demands, But Risky

    Some employers are eschewing arbitration agreements and choosing to face wage and hour claims in court to avoid mass arbitration demands and potential costs, though attorneys say the tactic could backfire if workers in other cases argue for the same treatment. Here, Law360 explores the trend.

  • February 06, 2024

    Water Co. Drivers Slam 'Out Of Touch' Bid To Ax OT Verdict

    A bottled water company's arguments that there was no evidence to support a jury's findings that it willfully violated federal overtime requirements are "out of touch" and completely rootless, a group of delivery workers told a Michigan federal judge, pushing back on the company's bid to undo their trial win.

  • February 06, 2024

    Ga. County Health Agency Pays $200K For FMLA Violations

    A Georgia county health agency paid $200,000 to a former employee who was fired for taking protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday. 

  • February 06, 2024

    Ala. Farming Co. Fined $19K For Paying H-2A Workers More

    An Alabama farming company forked over nearly $19,000 for paying H-2A temporary workers more than U.S. workers, the U.S. Department of Labor announced. 

  • February 06, 2024

    Film Producer Owes Crew For Work On Failed Movie

    The producer of a scuttled film project owes unpaid wages to workers and a line manager hired for the production, but the full amount owed to crew members will have to be decided by a jury, according to a Georgia federal court order.

  • February 06, 2024

    FedEx Drivers Cleared To Intervene In NM Wage Suit

    A New Mexico federal judge allowed a group of drivers contracted to work with FedEx to join an unpaid overtime suit after previously denying them class certification, ruling that it was in the interest of efficiency.

  • February 05, 2024

    Okla. Store Managers Want $2.5M OT Exemption Deal OK'd

    A collective of convenience store managers asked an Oklahoma federal court to sign off on a $2.5 million settlement to claims that they were misclassified as overtime-exempt, arguing the deal provided a fair return on uncertain claims.

  • February 05, 2024

    Health Workers Say They Are Owed Meal Break Pay

    A Tennessee hospital operator requires direct care workers to push through meal breaks without providing the overtime wages required under federal and state law, a worker alleged in a proposed class and collective action filed in Tennessee federal court.

  • February 05, 2024

    JBS Settles Meat Plant Wage-Fixing Suit In Colo.

    Meat processing giant JBS USA Food Co. and a presumed class of meat plant workers have settled claims of wage-fixing in a lawsuit originally filed against nearly a dozen meat producers, according to a joint notice filed Monday.

  • February 05, 2024

    Drivers Seek $18M Atty Fees In Flower Foods $105M Deal

    The drivers who snagged a $105 million deal in their misclassification suit against Flower Foods said their attorneys deserve to receive $18 million in fees, saying the settlement represents a great achievement also because it requires the company to change its business model.

  • February 05, 2024

    Workers Want $500K Fee Award From Defaulting Restaurateur

    Celebrity chef Mike Isabella's refusal to admit that he stiffed his former staff on wages forced worker-side attorneys to expend thousands of unnecessary hours in pursuit of a default judgment, workers told a Maryland federal court in a bid to secure nearly $500,000 in attorney fees and expenses.

  • February 05, 2024

    Guam Contractor Must Pay Nearly $600K After DOL Probe

    A federal construction contractor in Guam will pay nearly $600,000 in back wages, damages and fines for denying workers their full wages, the U.S. Department of Labor announced Monday.

  • February 05, 2024

    Ex-Honeywell Engineer's Fraud, Equal Pay, Leave Suit Axed

    A former Honeywell engineer could not prove she was engaging in protected activity by calling attention to fraud under a U.S. Navy contract, an Arizona federal judge has ruled, saying flagging compliance issues is not the same as investigating fraudulent activity.

  • February 05, 2024

    Boston Eatery Pays $360K For Wage, Retaliation Violations

    A restaurant in Boston paid $360,000 in back wages, liquidated damages, punitive damages and fines for violating tip rules, denying full wages and telling workers what to say to agency investigators, the U.S. Department of Labor announced Monday. 

  • February 05, 2024

    Cozen O'Connor Hires Wiley Atty As Gov't Contracts Lead

    Cozen O'Connor has hired a more-than 25-year veteran of Wiley Rein LLP, who joins the firm to help co-chair its government contracts practice from its Washington, D.C., office, according to a Monday announcement.

  • February 05, 2024

    Chemical Co. Cut Off-Site Work From Pay, Ex-Worker Says

    A Pennsylvania chemical manufacturer and distributor underpaid its workers by leaving tasks off their paychecks that they completed away from assigned job sites and undercalculating overtime wages, an ex-worker alleged in a proposed class action filed in state court.

Expert Analysis

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Calif. Independent Contractor Lessons From Grubhub Suit

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    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

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    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.