Wage & Hour

  • February 01, 2024

    Ex-Nursing Head Drops Retaliation Suit Against Colo. Hospice

    A former nursing director and the hospice care company she accused of firing her in retaliation for using Family and Medical Leave Act leave have ended their dispute, according to a stipulation of dismissal filed in Colorado federal court.

  • February 01, 2024

    Ex-Boston Globe Exec Loses Wage Claim In Suit Over Ouster

    A Massachusetts judge has trimmed a former Boston Globe executive's suit over his ouster, tossing a claim under the state's Wage Act after finding that an annual incentive payment based on a percentage of the newspaper's profits is not a commission subject to the law.

  • February 01, 2024

    Colo. Judge Trims Travel Nurses' 'Bait And Switch' Suit

    A Colorado federal judge cut several claims from a group of travel nurses' proposed class action alleging two staffing companies did a "bait and switch" and slashed their wages after hiring them, ruling they could not bring breach of contract claims because they were at-will employees.

  • February 01, 2024

    Workforce Co. Pays $17K For Child Labor Infractions

    A workforce development company paid nearly $17,000 in fines for letting minors perform dangerous tasks and work at times the law does not permit, the U.S. Department of Labor announced Thursday. 

  • February 01, 2024

    Employment Group Of The Year: The deRubertis Law Firm

    The deRubertis Law Firm APC secured a $20 million jury verdict in September for a concierge worker who said Marquis Marriott didn't accommodate his physical needs after he suffered a spinal cord injury, earning the firm a spot among Law360's 2023 Employment Groups of the Year.

  • February 01, 2024

    Paralegal's Pay Suit Proceeds Without Collective Claims

    A paralegal can proceed with her wage and retaliation claims against the criminal defense law firm she worked at, but her collective allegations can't stand after a Florida district judge kept a magistrate judge's recommendations to deny the firm's bid to toss the suit.

  • February 01, 2024

    Applebee's Franchisee Hit With Tip Credit, Min. Wage Suit

    An Applebee's franchisee required tip-earning servers and bartenders to perform nontipped work for more than 20% of their shifts and failed to raise hostesses' pay after the state increased the minimum wage, according to a proposed collective action in Virginia federal court.

  • January 31, 2024

    Circuit Split On Out-Of-State FLSA Claims Heads To 9th Circ.

    The Ninth Circuit will potentially deepen a circuit split regarding whether workers may join their colleagues' collective wage actions in forum states to which they have no personal connection, as an Arizona federal court certified an interlocutory appeal of a decision to certify a collective. 

  • January 31, 2024

    Contractors In GOP States To Face Brunt Of Pay Equity Plan

    A proposed rule to improve pay equity for employees of federal contractors will likely result in significant changes to contractors' hiring practices especially in southern and Midwestern states, while its broad scope could catch some smaller contractors and subcontractors unaware.

  • January 31, 2024

    Unions Tell 5th Circ. Biden Can Raise Contractors' Wages

    A group of unions told the Fifth Circuit on Wednesday that better pay makes workers more efficient and President Joe Biden was therefore within his rights under federal law to set a $15-per-hour minimum wage for federal contractors.

  • January 31, 2024

    NYC Hotel Can Keep Arbitration Win In Severance Dispute

    A Manhattan hotel does not need to give additional severance pay to a group of union-represented banquet servers laid off during the COVID-19 pandemic, a New York federal judge has ruled, confirming an arbitrator's holding that the hotel calculated the servers' payouts appropriately.

  • January 31, 2024

    Home Care Co. $5M OT Settlement Gets Final OK

    A New York federal magistrate judge granted final approval Wednesday to a $5 million settlement resolving claims that a home healthcare group violated state and federal law by failing to pay hundreds of caregivers overtime for live-in shifts or spread-of-hours pay.

  • January 31, 2024

    Widow Of Nelson Mullins Partner Says Firm Owes $2M

    The widow of a Nelson Mullins Riley & Scarborough LLP partner who died last year of brain cancer says the firm has refused to pay an estimated $2 million in compensation and a bonus for his final year of work there, according to a complaint filed Wednesday in Massachusetts state court.

  • January 31, 2024

    Republicans Say DOL's Contractor Rule Is Like AB 5. Is It?

    Republicans in the U.S. Congress and business community leaders have claimed that the U.S. Department of Labor’s new independent contractor rule will be a “nationalization” of California’s Assembly Bill 5, but attorneys and other observers outside government point to differences. Here, Law360 compares the rule and A.B. 5.

  • January 31, 2024

    Servers' Sanctions Bid Smacks SF Hilton Over Discovery Docs

    A Hilton hotel in San Francisco has failed to produce "responsive and highly relevant" documents during discovery in a suit accusing the hotel operator of pocketing tips meant for banquet servers, workers said in a motion to impose sanctions filed in California federal court Wednesday.

  • January 31, 2024

    Fired Fla. City Worker Can't Get 11th Circ. To Revive FMLA Suit

    The Eleventh Circuit refused Wednesday to reinstate a lawsuit alleging that the City of St. Petersburg, Florida, fired a worker because he requested medical leave, saying he failed to rebut the city's argument that he was let go for failing to show up to work.

  • January 31, 2024

    Walmart Agrees To Pay $2.5M To End COVID Screening Suit

    Walmart agreed to pay $2.5 million to end a lawsuit alleging the retailer should have paid nearly 80,000 workers for the time they spent undergoing COVID-19 screenings before clocking in for their shifts, according to a motion to approve the deal filed in Arizona federal court.

  • January 31, 2024

    Employment Group Of The Year: Outten & Golden

    With an eye on employers infringing on employees' rights, Outten & Golden LLP has scored high-dollar settlements for women who accused major companies such as Activision Blizzard and Goldman Sachs of promoting and paying them less, earning the firm a place among Law360's 2023 Employment Groups of the Year.

  • January 31, 2024

    Mass. Eateries Blocked From Interfering In DOL Probes

    A Massachusetts federal court issued an order Wednesday restraining a pair of jointly operated restaurants from retaliating against workers looking to assert their Fair Labor Standards Acts rights to representatives of the U.S. Department of Labor.

  • January 31, 2024

    Home Care Co. Fights DOL's Push For $95M Win In OT Suit

    A home healthcare agency urged a Pennsylvania federal judge not to grant the U.S. Department of Labor's request to enter a $95 million judgment against it, saying that it contracted with workers and could not be considered their employer or be held liable for wage violations.

  • January 30, 2024

    Wash. Judge Won't Toss Dialysis Nurse's Class Wage Claims

    A Washington federal judge declined on Tuesday to dismiss a healthcare worker's proposed class action accusing Fresenius Medical Care and one of its subsidiaries of wage violations, ruling the former nurse has shown the companies are joint employers that could potentially both be held liable for the allegations.

  • January 30, 2024

    Boston Globe Says Ex-Exec's Wage Claim Ignores Mass. Law

    An ousted Boston Globe executive can't bring wage claims over an outstanding payment that was based on a percentage of profits because it was a bonus and not a commission, a lawyer for the newspaper told a judge Tuesday.

  • January 30, 2024

    Nuclear Security Officer Says Duke Energy Owes Workers OT

    Duke Energy Corp. shortchanged its workers on overtime in violation of the Fair Labor Standards Act, a nuclear security officer said in a proposed collective action filed Tuesday in North Carolina federal court.

  • January 30, 2024

    Ex-Cook Says Ill. Eatery Withholds Proper OT Pay

    A Chicagoland restaurant requires its cooks to put in regular overtime hours but never pays the time-and-a-half compensation required under federal law, a worker alleged in a proposed collective action filed Tuesday in Illinois federal court.

  • January 30, 2024

    Employment Group Of The Year: Lieff Cabraser

    Lieff Cabraser Heimann & Bernstein LLP helped nail down a historic $215 million settlement for hundreds of women in a long-running gender bias class action lodged against Goldman Sachs, earning it a spot among Law360's 2023 Employment Groups of the Year.

Expert Analysis

  • A DOL Reminder That ADA Doesn't Limit FMLA Protections

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    A recent U.S. Department of Labor opinion letter and some case law make clear that the Family and Medical Leave Act fills in gaps where the Americans with Disabilities Act may not neatly apply, however the agency ignored a number of courts that have supported termination when "no overtime" restrictions effectively reduce a position to part-time, says Jeff Nowak at Littler Mendelson.

  • Pending NCAA Ruling Could Spell Change For Unpaid Interns

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    The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

  • How Managers Can Curb Invisible Off-The-Clock Work Claims

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    There has been a rash of recent federal lawsuits in which nonexempt employees have alleged their employers failed to pay them for off-the-clock work done without their managers' knowledge, but employers taking proactive measures to limit such work may substantially lower litigation risks, says Robert Turk at Stearns Weaver.

  • 5 Potential Perils Of Implementing Employee Sabbaticals

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    As companies try to retain employees with sabbatical benefits amid record-low unemployment rates, employers should be aware of several potential legal risks when considering policies to allow these leave periods, say Jesse Dill and Corissa Pennow at Ogletree.

  • NY Hospitality Employers Face Lofty Compliance Burden

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    As New York hospitality businesses have reopened over the last year, there are more employment compliance considerations now than ever before, including regulations and laws related to wage rates, tip credits, just cause and uniform maintenance pay, say attorneys at Reed Smith.

  • COVID's Impact On Employment Law Is Still Felt 3 Years Later

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    Since COVID-19's onset in the U.S. three years ago, almost every existing aspect of employment law has been shaped by pandemic-induced changes, including accommodation requests under the Americans with Disabilities Act, remote work policies and employer vaccine mandates, say Scott Allen and M.C. Cravatta at Foley & Lardner.

  • Ecolab Ruling Opens Doors For Percentage Bonuses In Calif.

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    California's Second Appellate District recently became the first court in the state to clear the air on percentage bonuses, providing employers who have wanted to offer such bonuses with a new option to do so without having to recalculate the overtime regular rate, says Paul Lynd at ArentFox Schiff.

  • How Employers Can Defend Against Claims Made In Bad Faith

    Excerpt from Practical Guidance
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    When an employer becomes aware of an employee complaint, it should carefully research whether the claim could be characterized as frivolous or in bad faith, and then consider various defense strategies, say Ellen Holloman and Jaclyn Hall at Cadwalader.

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

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    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • Takeaways From Virgin's Wage And Hour Class Action Loss

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    A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.

  • There's More To The Helix FLSA Opinion Than Meets The Eye

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    At first blush, the U.S. Supreme Court's recent Helix decision seems remarkable for its determination that an oil rig worker who makes $200,000 a year can still be entitled to overtime, but the decision also offers two more important takeaways about how the Fair Labor Standards Act may be applied, says Nicholas Woodfield at The Employment Law Group.