Wage & Hour

  • July 10, 2024

    9th Circ. Says Nev. Call Center Agents' Bootup Warrants Trial

    The Ninth Circuit on Wednesday revived, for a second time, call center agents' collective action alleging the time spent turning on and off their computers before their shifts is payable under the Fair Labor Standards Act, finding that to be a factual issue that should be resolved through a jury trial.

  • July 10, 2024

    Performer Hits Atlanta Drag Bar With Wages Class Action

    A performer at Lips Restaurant Atlanta LLC, a bar that provides drag show entertainment to diners and patrons, has filed a proposed class action against the restaurant, its owners and its general manager for allegedly failing to pay proper minimum and overtime wages.

  • July 10, 2024

    4 State AI Bills To Watch In 2nd Half Of 2024

    After Colorado recently moved to the forefront of regulating artificial intelligence in the workplace, numerous other states across the ideological spectrum — including conservative bastions like Oklahoma — are considering legislation of their own. Here, Law360 looks at four bills to regulate the use of AI in the workplace that bear watching in the second half of 2024. 

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    X Corp., Musk Dodge $500M Severance Suit

    X Corp. and Elon Musk can escape claims they owe former employees $500 million in severance following the business mogul's purchase of the social platform formerly known as Twitter, a California federal judge ruled, saying the facts don't show that federal benefits law governed the payments workers received.

  • July 10, 2024

    Va. Restaurant Pays $172K For Stiffing Workers On OT

    A restaurant in Virginia paid more than $172,000 in back wages and damages for denying 21 workers overtime rates, the U.S. Department of Labor announced Wednesday.

  • July 10, 2024

    Red State Resistance To DOL Child Labor Enforcement Grows

    Republican governors and state legislators are pushing back against the U.S. Department of Labor's attempts to rein in unlawful child labor, a federal effort those at the state level argue is hurting employers.

  • July 10, 2024

    New Orleans Home Care Co. Pays $110K For OT Violations

    A home care company in New Orleans paid $110,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced.

  • July 09, 2024

    7th Circ. Passes On Look At 2-Step Cert. Process, For Now

    A Seventh Circuit panel turned down pharmaceutical company Eli Lilly & Co.'s challenge to an Indiana federal court's decision to grant collective certification in an age discrimination suit, but said it would be open to looking at the two-step certification process in place to greenlight collectives.

  • July 09, 2024

    DOL, Pa. Mexican Restaurant Ink $1.3M Deal To End Tip Suit

    A Mexican restaurant in Pennsylvania will pay more than $1.3 million in back wages, damages and fines to end a U.S. Department of Labor suit alleging it kept portions of workers' tips and denied proper overtime rates, according to federal court papers filed Tuesday.

  • July 09, 2024

    Dallas Card Dealer Collective Certified In Tip Suit

    A Texas federal judge certified a collective of card dealers for a Dallas poker club who alleged they were paid below minimum wage because they were forced to share their tips with managers, finding Tuesday that their responsibilities were similar enough to support proceeding as a group.

  • July 09, 2024

    Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-Workers Seek To Appeal $1.3M Tip Deal Denial

    Former employees accusing eight New York City vegan restaurants of wage violations asked a federal judge for a quick appeal of an order denying a proposed $1.3 million settlement, arguing the Second Circuit's take will bring the litigation to a much faster conclusion.

  • July 09, 2024

    NH Brewery Pays $918K For Tip, OT Infractions

    A brewery in New Hampshire paid nearly $918,000 for stiffing 44 workers on their full tips and wages, the U.S. Department of Labor announced Tuesday.

  • July 09, 2024

    Why Stopping 'Hot' Goods Is Key To Fighting Child Labor

    The U.S. Department of Labor's efforts to combat child exploitation include the use of the Fair Labor Standards Act's provision on "hot" goods, an important tool that ups the ante for accountability across the supply chain, experts say.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    State Pay Equity Laws May Ease Path For EEOC Salary Survey

    While the U.S. Equal Employment Opportunity Commission's first attempt to collect salary details from employers faced strong headwinds, experts said the proliferation of state-level pay transparency mandates may make a fresh wage data collection effort an easier lift for businesses.

  • July 08, 2024

    Mass. Court Tosses School Nurses' Breaks Suit

    A Massachusetts appeals panel kept a trial court's decision tossing two school nurses' suit claiming unpaid meal breaks, saying the duo was paid for the breaks they spent while remaining on school grounds.

  • July 08, 2024

    Medical Co. Worker Asks 9th Circ. Not To Revive Arbitral Bid

    A worker asked the Ninth Circuit on Monday to uphold a lower court's determination that her wage claims against a medical product seller are exempt from federal arbitration law, saying a recent U.S. Supreme Court ruling clarifying who qualifies for the exemption supports keeping her claims in court.

  • July 08, 2024

    Chevron Irrelevant To Independent Contractor Rule, DOL Says

    The U.S. Department of Labor pressed a Texas federal court to toss a suit challenging its independent contractor rule, saying that the rule doesn't hurt the trade groups seeking to invalidate it and that the U.S. Supreme Court's recent Chevron decision doesn't move the needle.

  • July 08, 2024

    PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say

    Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.

  • July 08, 2024

    NJ Says State Temp Worker Law Doesn't Conflict With ERISA

    The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by ​the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

Expert Analysis

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.