Wage & Hour

  • January 09, 2025

    Conn. House Bill Seeks Overtime Pay Income Tax Exemption

    Connecticut would exempt employees' earned overtime pay from income tax under a bill introduced in the state House of Representatives.

  • January 09, 2025

    Worker Fights Campbell's Push To Revoke Pay In Wage Suit

    A Campbell Soup worker urged a New York federal court to throw out the company's counterclaim asserting it can claw back commissions it paid him should he prevail on claims that he was incorrectly classified as an independent contractor, saying those commissions were his wages.

  • January 08, 2025

    5 Wage Bills That Could Advance In The New Congress

    Republican-backed wage and hour bills on issues including child labor, minimum wage and taxes on tips have a chance of surviving in the new Congress now that the party controls the House and Senate, attorneys said. Here, Law360 explores wage bills that could survive the new Congress.

  • January 08, 2025

    Traveling Nurses' Wage Suit Can Stay In Court

    Traveling nurses faced pressure to sign employment contractors with arbitration agreements that included vague cost-shifting provisions, a California federal judge ruled Wednesday, keeping in court claims that an operator of healthcare facilities and a staffing company asked them to accept lower wages or face termination.

  • January 08, 2025

    Calif. Ice Cos. Owe $1.1M For Overtime Violations, DOL Says

    Two California-based ice manufacturers under common ownership will pay nearly $1.1 million for stiffing 70 workers on overtime pay, the U.S. Department of Labor announced Wednesday.

  • January 08, 2025

    O'Reilly Auto Gets Final OK For $4.1M COVID Screening Deal

    A California federal judge has granted final approval to a $4.1 million settlement that resolves four related lawsuits from workers accusing O'Reilly Auto Enterprises of failing to compensate them for the time they spent undergoing COVID-19 screenings before shifts.

  • January 08, 2025

    ConEd Can't Trim Claims In Flaggers' Wage Suit

    A New York federal judge refused to throw out a breach of contract claim from ConEd workers accusing the utility company of failing to pay them prevailing wages, saying the workers did enough to support their allegation that the city made an agreement with them to provide such pay.

  • January 08, 2025

    BOK Financial Didn't Pay For Missed Breaks, Court Told

    BOK Financial violated Colorado law by failing to provide employees with rest breaks or pay them accordingly when they were unable to take them, a bank worker said in a proposed class action in state court.

  • January 08, 2025

    Judge Laments Atty's $32K Sanctions Saga In Tasty Bias Case

    A Pennsylvania judge expressed disappointment Wednesday about the need for a $32,000 sanction against an attorney accused of flouting deadlines in his client's employment discrimination claims against Tasty Baking Co., noting that "it didn't have to be this way."

  • January 08, 2025

    Calif. Panel Flips Arbitration Denial In Mining Co. Wage Case

    A California appeals court said a worker's arbitration agreement was not part of the guidelines included in a mining company's handbook, flipping a trial court's ruling that the company didn't show it had a binding arbitration agreement.

  • January 08, 2025

    Applebee's Franchisee Inks Deal In Tip, Wage Suit

    An Applebee's franchisee will pay $35,000 to end a proposed collective action filed by workers accusing the restaurant of tip credit and minimum and overtime wage violations, according to a filing in Virginia federal court.

  • January 08, 2025

    DOL Searching For SC Farm Workers Owed $132K In Wages

    The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.

  • January 08, 2025

    New Dad Says Raytheon Unit Fired Him Over Leave Request

    A Raytheon subsidiary allowed managers to make disparaging comments to an employee who sought to take parental leave to care for his newborn and then fired him six days before the leave was about to start, according to a suit filed in New York federal court.

  • January 07, 2025

    Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement

    Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns

    Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    FAR Council Withdraws Proposed Contractor Pay Equity Rule

    The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.

  • January 07, 2025

    Teachers Association Hit With Equal Pay, Gender Bias Claims

    The Computer Science Teachers Association's former financial director has sued the organization for gender discrimination in Illinois federal court, claiming it knowingly paid and treated her worse than male colleagues and blamed an unsupported "accounting error" on her mid-leave termination.

  • January 07, 2025

    Metal Co. To Pay $143K To End Unpaid Wages Suit

    A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.

  • January 07, 2025

    US Foods Slapped With Class Wage Suit By Ex-Seattle Worker

    US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.

  • January 07, 2025

    Volvo Fails To Pay For Off-Shift Tasks, Ex-Worker Says

    Volvo does not pay hourly employees for their time spent putting on and taking off personal protective equipment and completing other necessary pre- and post-shift tasks, a proposed class and collective action filed in South Carolina federal court said.

  • January 07, 2025

    McGuireWoods Grows In Pittsburgh With Employment Atty

    An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Fisher Phillips Adds Dallas Employment Atty From Reed Smith

    International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • In Focus At The EEOC: Advancing Equal Pay

    Author Photo

    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.