Wage & Hour

  • October 03, 2024

    Cargill Workers Get Class Status In COVID Screening Pay Suit

    A Pennsylvania federal judge greenlighted a class of hourly Cargill workers who alleged that the food manufacturer unlawfully failed to compensate them for the time they spent going through a COVID-19 screening, rejecting the company's argument that the class is overly broad.

  • October 03, 2024

    Mich. Restaurant To Pay $115K to End DOL Wage Suit

    A seafood restaurant in Michigan will pay $115,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it denied workers their full wages and tips, according to a court filing Thursday. 

  • October 03, 2024

    Denver Says Wage Regulation Not Purely A State Concern

    Denver urged a Colorado federal court to throw out two companies' suit alleging it exceeded its authority in auditing them for wage violations, arguing wage regulation is a local as well as state concern because the cost of living varies across Colorado.

  • October 03, 2024

    Law Profs Urge 7th Circ. To Weigh Collectives' Borders Ruling

    A Seventh Circuit panel's decision that out-of-state workers couldn't join an overtime collective suit by H-2A temporary agricultural workers erodes the Fair Labor Standards Act's goal, a group of law professors said, backing the workers' bid to have the full court weigh in.

  • October 02, 2024

    Worker Says Meta, Shutterstock Paid Her $2M Less Than Men

    A former Giphy engineer alleged in New York federal court that her male colleagues earned over $2 million more than she did after Meta, and later Shutterstock, took over the online database for animated GIFs, despite her complaints that she was being undervalued.

  • October 02, 2024

    Class Cert. In Bonus Suit Against X On The Verge Of Failure

    A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.

  • October 02, 2024

    Driver Says O'Reilly Failed To Fully Compensate Workers

    O'Reilly Auto Parts forced hourly paid employees to work off the clock without compensation and routinely failed to provide them with rest and meal periods, a proposed class action filed in California state court said.

  • October 02, 2024

    Ye Fired Guard When He Asked For His Pay, Suit Says

    Ye, the rapper formerly known as Kanye West, misclassified a security guard as an independent contractor, failed to ever pay him wages and fired him when he complained about it, according to a suit filed in California state court.

  • October 02, 2024

    Teva Sales Workers Get $2.7M Unpaid OT Deal Approved

    A New Jersey federal judge greenlighted a $2.7 million settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical company Teva of unlawfully denying them overtime wages during an extended training program.

  • October 01, 2024

    Wash. Panel Backs Workers' $3.3M Win In Meal Break Suit

    A Washington appeals court refused to upend a class of workers' $3.3 million win in their lawsuit accusing a Seattle-based hospital of failing to provide them with 30-minute meal periods, saying employees in Washington state are entitled to additional pay if they're forced to work through their breaks.

  • October 01, 2024

    3 W&H Tips On Return-To-Office Mandates

    More employers may follow in Amazon's footsteps and require a return to the office, which means employees need to relearn how to track their hours and employers should reevaluate their jurisdictional obligations, among other tips.

  • October 01, 2024

    Background Check Investigators' $335K Wage Deal Gets OK

    A $335,000 wage deal between background investigators and the tech company that employed them can go forward because it is fair and reasonable, a California federal judge said, approving the settlement.

  • October 01, 2024

    Biz Groups Back Uber In AB 5 High Court Fight

    California's Assembly Bill 5 raising the standard to classify workers as independent contractors is unconstitutional because it targets companies like Postmates and Uber, two business groups told the U.S. Supreme Court on Tuesday, urging the justices to take up a Ninth Circuit ruling.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    Workers Say Entertainment Co. Denied Them Wages, Breaks

    An entertainment and hospitality company misclassified workers as independent contractors and deprived them of labor protections including overtime wages and rest periods, a proposed class action filed in California state court said.

  • October 01, 2024

    DOL, NJ Labor Office Partner To Enforce Child Labor Laws

    The U.S. Department of Labor and New Jersey's labor office set up a joint enforcement plan to make sure employers are following child labor law, the DOL announced Tuesday.

  • October 01, 2024

    Sephora Urges Judge To Rethink Advancing Late-Pay Suit

    Beauty products giant Sephora said a New York federal judge used the wrong standard when he departed from a magistrate judge's recommendation and kept alive workers' claims that they were paid late, urging him to reconsider the decision.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • October 01, 2024

    Va. Care Center Pays $25K After DOL Benefits Probe

    A Virginia rehabilitation and nursing care center paid nearly $25,000 for denying workers required benefits and paid sick leave, the U.S. Department of Labor said.

  • September 30, 2024

    Magic City Dancers Claim Atlanta Club Shirked Wage Laws

    A former dancer hit Atlanta's famous adult entertainment club Magic City with a proposed collective action claiming it mischaracterized her and others as independent contractors and willfully failed to comply with federal wage laws.

  • September 30, 2024

    Split 5th Circ. Rejects Oil Worker's Rehearing Bid In OT Row

    The full Fifth Circuit declined Monday to rethink its decision that a crude oil hauler isn't owed overtime because she plays a role in an interstate trip and thus falls under a Fair Labor Standards Act exemption, despite a dissent saying the court drifted too far from the law.

  • September 30, 2024

    FTC Withdraws From Feds' Merger Review Labor Pact

    The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.

  • September 30, 2024

    Logistics Co. Wants Out Of Worker Visa Misuse Class Action

    A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.

  • September 30, 2024

    Military Reservist Not Owed Top-Up Pay, Feds Tell High Court

    A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.

  • September 30, 2024

    Ga. Judge Questions Pizzeria Wage Case Settlement Terms

    A Georgia federal judge declined to sign off on an agreement to settle a former delivery driver's lawsuit alleging unreimbursed expenses pushed his pizzeria pay below the federal minimum wage, expressing some concern about the arrangement.

Expert Analysis

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.