Wage & Hour

  • January 13, 2025

    9th Circ. Won't Revive Salmon Processing Workers' OT Suit

    The Ninth Circuit declined to reinstate a lawsuit brought by former workers for a salmon processing company who accused it of failing to pay them overtime wages when it required them to be on call during the COVID-19 pandemic, finding the workers were not often called to return to work.

  • January 13, 2025

    Court, Not County, Was Worker's Employer, Ga. Judge Says

    A Georgia federal judge on Friday recommended freeing Fulton County from a lawsuit brought against it by a former juvenile court employee, who sued for age and disability discrimination after she was fired at 60 and had requested medical leave due to an upcoming knee surgery.

  • January 13, 2025

    Cannabis Co. Again Seeks Dismissal Of Finder's Fee Suit

    The Cannabist Co. Holdings Inc. is asking a New York federal court to once again throw out a suit from an associate alleging he is owed $800,000 for facilitating an investment, saying New York law bars oral finder's fee contracts and the claims are still blocked by the statute of limitations.

  • January 13, 2025

    FedEx Drivers Rip Company's 'Desperate' Bid To Duck OT Suit

    FedEx drivers working for intermediate employers have pressed a Massachusetts federal judge to keep alive one of a handful of overtime lawsuits against the shipping giant, blasting the company's "desperate" bid to have the case kicked as a sanction to the drivers' lawyers.

  • January 13, 2025

    Pa. AG Urges 3rd Circ. To Revive Uber Drivers' Wage Suit

    Pennsylvania's attorney general urged the Third Circuit to revive a class action accusing Uber of misclassifying drivers as independent contractors, saying the worker-friendly Pennsylvania wage and hour law claims should not have been thrown out.

  • January 13, 2025

    Justices Won't Review Biden's Contractor Wage Hike

    The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.

  • January 10, 2025

    X Fights Finding Severance Row Contract Claims Can Survive

    X Corp. and Elon Musk squared off with ex-Twitter workers in Delaware federal court, filing dueling briefs that took opposing stances over whether a district judge should adopt a recommendation to keep alive some breach-of-contract allegations in the workers' proposed class action claiming they were cheated out of severance benefits.

  • January 10, 2025

    Texas High Court Flips Course To Hear Boeing Back Pay Suit

    The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.

  • January 10, 2025

    Chamber Backs Writers In 11th Circ. Contractor Dispute

    The U.S. Chamber of Commerce and other groups backed four freelance writers who are trying to persuade the Eleventh Circuit to toss the U.S. Department of Labor's independent contractor rule, saying that a Georgia federal court's decision keeping the rule in place will propel hazy rules.

  • January 10, 2025

    Home Care Co. Must Pay $15M In DOL OT Suit

    An Ohio federal judge granted the U.S. Department of Labor a win in its lawsuit accusing a third-party home care agency of failing to pay employees overtime and ordered the company to pay $15 million in unpaid wages and damages.

  • January 10, 2025

    Ex-Twitter Exec Can't Snag Docs In Bonus Suit

    A former senior director of compensation for X Corp., previously known as Twitter, won't be able to recover communications from Twitter management or financial records in his suit alleging unpaid bonuses after Elon Musk took over the company, a California federal magistrate judge ruled.

  • January 10, 2025

    Ye Inks $625K Deal To End Misclassification Suit

    Ye and his clothing company, Yeezy Apparel LLC, will pay $625,000 to resolve a class action accusing them of incorrectly classifying design workers as independent contractors and thus causing them to lose out on overtime wages, an order in California state court said.

  • January 10, 2025

    Outgoing DOL Head Talks Final Push, Biden's Worker Legacy

    With less than two weeks left overseeing the U.S. Department of Labor, Acting Labor Secretary Julie Su said she is proudest of fighting wage theft and her support for workers in collective bargaining, but regrets not having more time to fundamentally change the economy. Su spoke with Law360 about her tenure, her potential successor and her legacy.

  • January 10, 2025

    X Asks 9th Circ. To Back Dismissal Of $500M Severance Suit

    Social platform X urged the Ninth Circuit to uphold the dismissal of a suit claiming it owes workers $500 million in severance after Elon Musk bought the business and conducted mass layoffs, arguing the lower court correctly found that the ex-employees couldn't sue under federal benefits law.

  • January 10, 2025

    DOL Fends Off Challenge To Independent Contractor Rule

    The U.S. Department of Labor acted within its power when issuing a final rule for determining whether workers are employees or independent contractors, a New Mexico federal judge said, declining to apply the U.S. Supreme Court's Loper Bright decision in a trucking company's challenge to the rule.

  • January 10, 2025

    Calif. Forecast: 9th Circ. To Weigh Cal State 'Caste' Policy

    In the next week, attorneys should watch for Ninth Circuit oral arguments regarding whether a "caste" policy at the California State University system unlawfully targets Hindu employees and others. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • January 10, 2025

    Food Product Co. Strikes $703K Deal To End Wage Suit

    A food products manufacturing company will pay nearly $703,000 to resolve a 264-member collective action accusing it of failing to pay employees for preshift work, according to a filing in Illinois federal court.

  • January 09, 2025

    Control Of Reality TV Stars Muddles Employee Status Debate

    The suggestion that participants of the reality television series "Love Is Blind" may be employees under federal labor law raises unique questions about the role control plays in defining an employment relationship, adding a new dimension to the modern classification debate, attorneys say.

  • January 09, 2025

    Kroger Drops FTC Constitutionality Fight After Nixed Merger

    Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.

  • January 09, 2025

    DraftKings Says Fired Worker 'Has No Legal Path' Forward

    DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.

  • January 09, 2025

    Guards, ICE Detention Contractor Wage Deal Approved

    A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.

  • January 09, 2025

    Dillard's Stiffs Workers On Overtime, Sales Associate Says

    Department store chain Dillard's does not properly take into account all the time that hourly paid employees spend working and thus shorts them on minimum and overtime wages, a worker said in a proposed collective action filed in Florida federal court.

  • January 09, 2025

    Security Cos., Ex-Officer End Overtime And Break Suit

    Two security companies and a former security officer who alleged they failed to properly pay overtime and provide breaks told a California federal court that they agreed to toss the worker's suit.

  • January 09, 2025

    Fired Exec's Suit Paused As 4th Circ. Mulls Arbitration Denial

    A Virginia federal judge paused a former gas company executive's lawsuit alleging breach of contract and wrongful termination while the Fourth Circuit decides whether to hear the company's midsuit appeal.

  • January 09, 2025

    Musk Could Dodge Some Claims In X Severance Suit

    Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 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.