Wage & Hour

  • September 25, 2024

    DOL Subminimum Wage Program Should Go, Experts Say

    The federal program allowing employers to pay subminimum wages to workers with disabilities needs to be eliminated in a way that respects these workers' rights and avoids turmoil for them, experts say, one year after the U.S. Department of Labor began reexamining the program.

  • September 25, 2024

    7th Circ. May Seek Ill. High Court Input In Amazon Wage Row

    A Seventh Circuit judge appeared inclined Wednesday to let the Illinois Supreme Court weigh in on whether Illinois' minimum wage law incorporates a similar limitation created by an amendment to the Fair Labor Standards Act that clarifies preliminary activities like COVID-19 screenings aren't compensable.

  • September 25, 2024

    Office Depot Says Worker's Unpaid OT Suit Should Fail Again

    Office Depot urged a California federal court to permanently throw out a former worker's proposed class action accusing the office supply company of failing to pay overtime, saying he blew his one last chance to amend his case by failing to adequately fix its deficiencies.

  • September 25, 2024

    Wash. Hospital System Misclassifies Workers, Nurse Says

    A Washington-based hospital operator misclassified its workers as independent contractors and underpaid them for their overtime as a result, a registered nurse said in a proposed class and collective action in Washington federal court.

  • September 25, 2024

    DOL, DOT Call On Rail Cos. To Offer Paid Sick Leave

    The U.S. departments of Labor and Transportation in a letter Wednesday called on three major freight railroad companies to guarantee paid sick leave to all of their employees.

  • September 25, 2024

    Jones Day Must Face Ex-Firm Attys' Parental Leave Suit

    Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.

  • September 25, 2024

    Ogletree Lands Seyfarth Employment Atty In Chicago

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has grown its Chicago office with the addition of a Seyfarth Shaw LLP partner.

  • September 25, 2024

    Supervisor Says Shelter Failed To Pay Her For Off-Site Work

    A New York City homeless shelter failed to pay a former supervisor for the work she did outside the office despite requiring her to be on call at all times, according to a complaint filed in a federal court in Manhattan.

  • September 25, 2024

    Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe

    A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.

  • September 25, 2024

    10th Circ. Revives Amazon Worker's Overtime Suit

    The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.

  • September 25, 2024

    Workers Tell Justices OT Carveout Calls For Higher Standard

    A stricter standard requiring employers to prove by clear and convincing evidence that their employees are overtime-exempt is necessary to maintaining federal labor law's public purpose, a group of sales representatives for an international food distributor told the U.S. Supreme Court.

  • September 25, 2024

    NY Country Club Escapes Caddies' Wage Suit, For Now

    A New York federal judge threw out a proposed class action that golf caddies brought against a country club accusing it of classifying them as independent contractors to avoid paying them wages, saying they failed to show the company willfully violated federal labor law.

  • September 25, 2024

    Household Appliance Co. Didn't Pay Overtime, DOL Says

    A Los Angeles-based household appliance company failed to pay 185 workers their overtime wages, the U.S. Department Labor said in a suit filed in California federal court.

  • September 24, 2024

    Wash. Justices Dubious Of Moonlighting Ban Loophole

    Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.

  • September 24, 2024

    10th Circ. Judge Wants More Info Before Arbitration Decision

    A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.

  • September 24, 2024

    Darden Committed 'Wage Abuse' Against Workers, Suit Says

    Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.

  • September 24, 2024

    Staffing Co. Dodges Some Wage Claims In Workers' Suit

    A North Carolina federal judge trimmed a suit by workers accusing a staffing firm of unpaid wages, saying their overtime and minimum wage claims under state law are based on their Fair Labor Standards Act ones for improper deductions.

  • September 24, 2024

    Sheppard Mullin Adds Paul Hastings Employment Leader

    The co-leader of Paul Hastings LLP's wage and hour practice group has jumped to Sheppard Mullin Richter & Hampton LLP in California, the firm said Tuesday.

  • September 24, 2024

    EMS Workers Get Class Status In Sex, Race Pay Gap Suit

    A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.

  • September 24, 2024

    7-Eleven Owners Tell 1st Circ. Classification Fight Should End

    Five 7-Eleven franchise owners told the First Circuit on Tuesday that a Massachusetts district court's decision against them should stay in place after the state's top court recently ruled that they aren't the chain's employees.

  • September 24, 2024

    IT Co. Staffing Recruiters Not OT-Exempt, Judge Rules

    Recruiters at a tech staffing company performed routine day-to-day tasks that made them ineligible for an administrative exemption for overtime, a California federal judge ruled, granting the workers' bid for a win on the company's affirmative defense.

  • September 24, 2024

    DOL, Home Care Co. Ink Deal To End OT Suit

    A Utah home healthcare company will pay $40,000 to settle a U.S. Department of Labor suit alleging it stiffed workers on overtime wages and failed to keep required records, according to a filing in federal court.

  • September 24, 2024

    NJ Agency Should Not Be Part Of Unpaid OT Row, Court Told

    The New Jersey Department of Human Services urged a federal court to toss unpaid overtime claims from two home care workers, saying that it has no employment relationship with them and that their lawsuit alleging they were misclassified as independent contractors should target only their employer.

  • September 23, 2024

    Kroger Fights FTC's Bid To Move Constitutionality Case

    Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.

  • September 23, 2024

    Home Care Workers Prevail In Wage Reduction Suit

    A Pennsylvania federal judge granted a win Monday to a class of home care workers who said their employer reduced their pay rates when they worked overtime, saying the company's practice is illegal because it was only implemented when workers clocked in more than 40 hours per week.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.