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July 24, 2024
A Long Island restaurant won't have to face a worker's lawsuit alleging it unlawfully retained a service charge instead of distributing it among servers as promised after a New York federal judge on Wednesday adopted a magistrate judge's reasoning that the service charge was not a voluntarily paid tip.
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July 24, 2024
Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional, the Third Circuit ruled Wednesday, affirming a district court's ruling.
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July 24, 2024
The settlement a group of clowns and entertainers reached with the company they accused of misclassification will have to go through court approval, a New York federal judge ruled, saying the court can't make sure the deal is fair and reasonable as it stands.
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July 24, 2024
Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 24, 2024
A California federal judge refused to toss a suit from a former manager who said a real estate company fired her because it assumed her work would suffer after she had a child, saying it was plausible that stereotypes cost her the job.
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July 24, 2024
Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.
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July 23, 2024
Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.
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July 23, 2024
The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.
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July 23, 2024
The federal minimum wage hasn’t budged in 15 years, despite efforts from both Democrats and Republicans to raise it, and as statewide and local wage floors have far exceeded the national rate. Here, Law360 explores the federal floor.
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July 23, 2024
A New Mexico healthcare provider can't dodge a worker's proposed collective action claiming it implemented automatic meal break deductions and didn't incorporate all compensation into overtime wages, with a federal judge ruling Tuesday that it was the worker's joint employer.
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July 23, 2024
A North Carolina federal court has permitted a chicken processing company to question two workers as part of a wage suit against the wishes of a putative class of employees, saying the interrogation request didn't come too late.
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July 23, 2024
A worker claiming Ernst & Young LLP misclassified him as an independent contractor can't nix an arbitrator award in favor of the accounting firm tossing his allegations, a California federal judge ruled, saying that the arbitrator applied the correct laws and their statute of limitations.
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July 23, 2024
A California federal judge sent into arbitration a Spanish-speaking cleaner's lawsuit accusing an airport services company of unlawfully terminating her, saying the court must enforce her English-only arbitration agreement because she had a bilingual person helping her with her paperwork.
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July 23, 2024
Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.
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July 23, 2024
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
The Third Circuit's ruling that NCAA athletes may plausibly plead they are employees who are owed wages for the time they spend on sports underscores how its long-standing multifactor test for entitlement to pay remains the starting point for a variety of scenarios, attorneys told Law360.
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July 23, 2024
Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 23, 2024
Though regular performance reviews are standard in many jobs, experts warn that bias can easily creep into evaluations and lead to illegal gender- and race-based pay gaps in a time of increased legislative and public focus on pay inequity. Here, experts from both sides of the bar discuss four strategies to ensure performance reviews aren't unfairly hitting protected workers' pocketbooks.
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July 22, 2024
Federal financial services provider State Street agreed to set aside $4.2 million to make wage adjustments in the future as part of a settlement to resolve allegations that it discriminated against some women managing directors with its base pay and bonuses, the U.S. Department of Labor announced Monday.
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July 22, 2024
While Vice President Kamala Harris' work on employment policy has been less publicized than her other endeavors, experts said the potential Democratic presidential nominee's tenure in Congress makes clear that enhancing workplace protections is a priority for her.
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July 22, 2024
A Missouri Nissan dealership is still on the hook in a former office manager's lawsuit alleging she was misclassified as overtime exempt, with a federal judge ruling Monday it was still unclear whether the ex-employee's work involved independent decision making that could render her ineligible for overtime premiums.
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July 22, 2024
More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.
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July 22, 2024
A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.
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July 22, 2024
A post-acute healthcare network will shell out about $1 million to end a suit that claimed it cheated direct support personnel workers out of overtime after misclassifying them as independent contractors, after a New Mexico federal judge approved the deal Monday.
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July 22, 2024
The Ninth Circuit declined to reinstate a lawsuit alleging the Transportation Security Administration fired an officer for complaining that he faced a hostile work environment, saying he failed to overcome the agency's assertion that he was terminated for refusing to comply with an investigation into alleged criminal activity.