Wage & Hour

  • February 05, 2024

    Ambiguity Is Key To Triggering Agency Deference

    The Chevron deference is a powerful precedent that can require a federal court to yield to an agency's interpretation of a statute, but a court is free to undertake its own analysis when the administrative law framework doesn't apply, attorneys told Law360.

  • February 02, 2024

    Grubhub Worker Can't Seek PAGA Penalties Without Suffering

    An ex-Grubhub Inc. food delivery worker cannot pursue Private Attorneys General Act penalties for overtime wage and expense reimbursement violations he did not personally suffer, a California federal judge ruled.

  • February 02, 2024

    DOL's Legal Arm Using Scant Resources Smartly

    The U.S. Department of Labor's legal arm used its limited resources strategically in 2023 by focusing on retaliation against workers and areas where private litigation falls short, attorneys said.

  • February 02, 2024

    Bedoya Eyes Worker Misclassification As Unfair Competition

    Federal Trade Commission member Alvaro M. Bedoya called on Friday to employ the agency's powers to combat "unfair methods of competition" against companies that misclassify workers as independent contractors to insulate themselves from liability and slash compensation.

  • February 02, 2024

    Clerk Says Ga. School District Fired Her For Pumping At Work

    A Georgia school district engaged in pregnancy discrimination when it fired a clerk for refusing to meet with students and visitors while pumping breast milk, the clerk alleged in a suit filed in Georgia federal court.

  • February 02, 2024

    Mich. Prevailing Wage Policy Gets Appellate Court's Backing

    A Michigan agency did not overstep its authority when it required that workers on certain state-funded construction projects be paid a prevailing wage, an appellate court panel has ruled, finding the Legislature's repeal of the Prevailing Wage Act did not remove the agency's ability to impose certain terms on state contracts.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Staffing Firm Challenges $9M Classification Ruling At 4th Circ.

    A Virginia federal court made several mistakes when it ordered a medical staffing company to pay $9 million to nurses in a misclassification suit, the company told the Fourth Circuit on Friday, saying the ruling would decimate the nursing industry.

  • February 02, 2024

    Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe

    An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.

  • February 02, 2024

    Ore. Pizza Chain, DOL Ink $570K Deal Ending Tip Suit

    The U.S. Department of Labor and a pizza restaurant chain have resolved claims for $570,000 that the pizzeria and its owners allowed managers to keep workers' tips and utilized child labor, after an Oregon federal judge approved the settlement.

  • February 02, 2024

    1st Circ. Says Intent Not Needed To Break Maine Pay Bias Law

    The First Circuit affirmed that a psychologist is entitled to nearly $181,000 in damages from a hospital that violated Maine law by paying her half of what her male colleagues earned, ruling that the state's equal pay statute doesn't require workers to show intentional discrimination to prevail.

  • February 02, 2024

    US Steel Owes Wages For Off-Clock Duties, Worker Says

    U.S. Steel has not been paying its workers at a Pittsburgh-area plant for the time they spend preparing for and wrapping up their shifts, shorting them on wages, a mechanic has alleged in a complaint filed in Pennsylvania state court.

  • February 02, 2024

    $45K Deal In Bloomberg OT Suit Gets Final OK

    A New York federal judge signed off Friday on a $45,000 deal between Bloomberg LP and a former human resources employee who said that the company didn't pay for all the overtime she worked and that when she was paid overtime, it was at an improper rate.

  • February 02, 2024

    Baker Botts Adds Employment Team Head From Hunton

    Baker Botts LLP has added a partner from Hunton Andrews Kurth LLP to lead its labor and employment practice, bolstering its ranks in Houston with a versatile attorney whose experience includes handling high-stakes trade secrets and employee benefits litigation.

  • February 02, 2024

    NY Forecast: 2nd Circ. To Hear Barclays Whistleblower Case

    The Second Circuit will consider in the coming week whether to revive a former Barclays executive's suit claiming he was fired after reporting misconduct at the company, such as requiring him to work during leave meant to root out insider trading. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 02, 2024

    Calif. Forecast: Ulta's $1.5M Wage Deal Up For Approval

    In the coming week, attorneys should watch for potential final settlement approval in a wage and hour class action against beauty store company Ulta. Here's a look at that case and other labor and employment matters coming up in California.

  • February 02, 2024

    Waste Sorters Win Collective Status In Misclassification Suit

    A group of around 80 workers were granted collective certification in their suit alleging a waste company misclassified them as independent contractors to stiff them on wages, according to an order filed in Maryland federal court.

  • February 02, 2024

    Calif. Drywall Co. Again Short On Wages And OT, Court Told

    A California drywall company continues to underpay its workers and to prevent them from recording their overtime despite having faced several U.S. Department of Labor investigations on those issues, the state's attorney general has said in state court.

  • February 01, 2024

    Judge Not Convinced Game Co. Can Dodge Royalty Payments

    A Washington federal judge said she was not persuaded that a video game company could keep from paying a former contract employee royalties for his work on a survival game that has sold millions of copies, telling an attorney for the company Thursday that someone who produces creative work is entitled to royalties.

  • February 01, 2024

    Ellenoff Opens LA Office With Ex-Krieger Employment Team

    Ellenoff Grossman & Schole LLP said on Thursday that it has opened a new labor and employment-focused office in Los Angeles following the addition of an employment attorney team that joined the firm from Krieger & Krieger.

  • February 01, 2024

    Labor Groups Slam Blackstone Plan To Buy Tricon Residential

    Four activist organizations urged Tricon Residential Inc. shareholders not to approve the company's sale to Blackstone, which they say has a record of aggressively evicting tenants and raising their rents.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Mine Co. Says Safety Gear OT Suit Belongs In W.Va.

    Delaware federal court isn't the right place for a miner's suit alleging a coal mine operator failed to pay workers overtime for the time they spent donning and doffing safety equipment and gathering tools, the company said Thursday, arguing there is no connection to the state.

  • February 01, 2024

    Wendy's Lacks Space To Pump Breast Milk, Ex-Worker Says

    Wendy's and several franchisees failed to provide breastfeeding employees nationwide with sanitary, reasonable, private places to pump breast milk in violation of federal labor law, according to a proposed collective action filed Thursday in Ohio federal court.

  • February 01, 2024

    Texas Supermarket Pays $461K For OT Violations

    A Houston supermarket paid nearly $461,000 in back wages and damages for denying workers overtime pay, the U.S. Department of Labor announced Thursday. 

Expert Analysis

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

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    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

  • Illinois Paid Leave Law May Create Obstacles For Employers

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    Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.