Wage & Hour

  • September 30, 2024

    Red States Urge Justices To Take Up $15 Min. Wage Dispute

    Conservative-led states told the U.S. Supreme Court that President Joe Biden's administration misused the Procurement Act when it hiked federal contractors' hourly minimum wage to $15, throwing their support behind two outdoor groups hoping to overturn a Tenth Circuit ruling in favor of the federal government.

  • September 30, 2024

    3 States Where Wage And Hour Updates Could Hit In October

    New wage and hour requirements will begin in Alabama and Maryland on Tuesday, while a higher minimum wage for California healthcare workers could also start as early as mid-October. Here, Law360 explores these updates.

  • September 27, 2024

    4th Circ. Judge Startled By 'Really Odd' $9M Wage Suit Win

    A Fourth Circuit panel on Friday grappled with the degree of control nurses have over their work and if they automatically become employees by signing a noncompete, as it considered a medical staffing company's bid to overturn a $9 million misclassification suit judgment following a bench trial.

  • September 27, 2024

    Connecticut City Denies HR Chief Had Viable Work Contract

    A Connecticut federal judge should toss a lawsuit against the city of Derby in which the municipal human resources director alleges that her pay was inexplicably cut because the plaintiff has not shown that she had a valid employment contract in the first place, the city has argued.

  • September 27, 2024

    2nd Circ. Backs Delivery Co. Win In Drivers' Classification Suit

    The Second Circuit on Friday declined to reinstate two delivery drivers' lawsuit alleging that a last-mile delivery firm misclassified them as independent contractors to shift business costs onto them, rejecting the workers' request to have the Connecticut Supreme Court weigh in on the dispute.

  • September 27, 2024

    Chicago Tribune Journalists Say Pay Bias Suit Can Continue

    Chicago Tribune journalists told an Illinois federal court that they supported their claims that the paper and its parent Alden Global Capital paid them less because of their sex and race, urging the court to not engage in a motion to dismiss.

  • September 27, 2024

    Bimbo Bakeries' $875K Wage Deal Nabs Final OK

    A California federal judge gave final approval to an $875,000 deal ending a wage and hour class action brought against Bimbo Bakeries by delivery drivers and route salespeople, according to a court filing Friday.

  • September 27, 2024

    FMLA Claims Against NM Health Dept. Tossed

    A New Mexico federal judge ruled that a former human resources labor analyst's supervisor terminated him for violating the department's absence policies, dismissing the worker's claims that he was fired and retaliated against following his hospitalization for kidney disease.

  • September 27, 2024

    Dish Network Litigation Director Rejoins Jackson Lewis

    Employment firm Jackson Lewis PC is welcoming back a litigator who most recently was director of litigation with Dish Network as a principal in its Denver office, the firm announced Thursday.

  • September 27, 2024

    NY Forecast: Judge Weighs $1.3M Settlement Final Approval

    This week, a New York federal judge will consider granting final approval to a $1.3 million class action settlement resolving claims that a fast food operator violated state and federal wage and hour laws by not paying workers overtime and deducting business costs from their wages.

  • September 27, 2024

    Safe Leave Laws Gain Momentum At State Level

    While a new bill in Congress that would provide paid leave for workers who've experienced domestic violence or sexual assault may be unlikely to pass this go-round, states and cities have already enacted paid safe leave policies that require employers' attention, experts said.

  • September 27, 2024

    Calif. Forecast: Logistics Co. Wage Deal Before Court

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a $900,000 deal to end a proposed wage and hour class action against Allegiant Final Mile Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • September 27, 2024

    Geico Call Workers Granted Collective Status In Wage Dispute

    A Georgia federal judge greenlighted a collective of Geico call center workers who allege they're required to perform lengthy boot-up and shutdown procedures while off the clock, saying the employees are sufficiently similar despite having different job titles.

  • September 26, 2024

    NCAA, Athletes Make Tweaks To $2.78B NIL Settlement

    The National Collegiate Athletic Association and the athletes suing over the organization's name, image and likeness compensation rules on Thursday presented some clarifications to their proposed $2.78 billion antitrust settlement after a California federal judge took issue with some of the deal's terms.

  • September 26, 2024

    Farmworkers' $100K Wage Pact Approved After Deal Changes

    A farm labor contractor will shell out $100,000 to resolve more than 4,000 farmworkers' claims of minimum wage and overtime violations, as a California federal judge gave the deal its initial OK following some changes the parties made to the agreement.

  • September 26, 2024

    BigLaw Attys Have 'Knack' For Insulting Judges, Says Judge

    A Colorado federal judge on Thursday called out BigLaw attorneys for their "uncanny knack" of insulting the court in briefs, telling employment lawyers they appear more credible when acknowledging the case law against them rather than ignoring those arguments altogether.

  • September 26, 2024

    Ex-Luxury Brand Workers Get Collective Status In OT Suit

    A New York federal judge greenlighted a collective of retail workers who accused the high-end fashion brand Comme Des Garçons of incorrectly classifying them as managers to avoid paying them overtime, but refused to include Los Angeles-based employees in the group.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    New UFC Settlement Separates Cases, Ups Payout To $375M

    The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.

  • September 26, 2024

    Trump's OT Tax Plan Raises Exemption Questions, Attys Say

    Former President Donald Trump’s campaign proposal to do away with federal taxes on overtime pay has attorneys wondering whether it would apply to exempt workers, and anticipating claims related to what counts toward overtime. Here, Law360 explores the potential impact of Trump's proposal.

  • September 26, 2024

    Humana Failed To Pay For Pre-Shift Tasks, Worker Says

    Humana Inc. refused to pay call center employees for the time they spent booting up their computers and preparing for their workdays despite requiring them to be ready to accept calls within one minute of clocking in, a proposed class action filed in Kentucky federal court said.

  • September 26, 2024

    Nurses Urge Full 9th Circ. To Rehear Salary Basis Case

    A group of San Francisco city nurses said that a Ninth Circuit panel drew an "extreme" difference in how federal salary tests apply in the public and private sectors, urging the full appeals court to intervene in their overtime suit.

  • September 26, 2024

    Automaker Accused Of Forcing Pregnant Worker To Take OT

    Off-road vehicle manufacturer Polaris forced a pregnant worker to resign when it wouldn't forgive her medical absences or excuse her from mandatory overtime, the U.S. Equal Employment Opportunity Commission alleged in the latest suit of its wave of Pregnant Workers Fairness Act cases.

  • September 26, 2024

    Amazon Worker Gets Trial In Military Leave Suit

    A Washington federal judge ejected one worker from a suit accusing Amazon of demoting or firing workers who took time off for military service, but teed up for trial another worker's claim alleging he was removed from consideration for a promotion after he said he was going to be deployed.

  • September 25, 2024

    4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice

    A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.

Expert Analysis

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.