Wage & Hour

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Mass. ABC Test Turns 20 As Contractor Debate Evolves

    A three-prong test for determining independent contractor status in Massachusetts continues to be central to litigation two decades after its current form took effect, and attorneys expect it will remain so as the gig economy expands.

  • July 18, 2024

    Famous Dave's Attys Can't Score Extra Fees In $1M Tip Deal

    Attorneys representing workers for Famous Dave's can't get additional fees from funds left over from a settlement resolving claims that the restaurant chain violated tip regulations, a Maryland federal judge ruled Thursday, saying the workers' counsel have already received enough money.

  • July 18, 2024

    FordHarrison Taps Wage-Hour Leader To Helm LA Shop

    FordHarrison LLP named the leader of its wage and hour practice to take over as managing partner in the firm's Los Angeles office, turning to an attorney who started at the firm over a decade ago as an associate.

  • July 18, 2024

    Dems Want DOL Child Labor Probe In Youth Work Programs

    Democratic members of the House Education and Workforce Committee called on the U.S. Department of Labor on Thursday to investigate potential risks of child labor violations in agency-approved youth work programs after recent infractions.

  • July 18, 2024

    Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told

    A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.

  • July 18, 2024

    TGI Friday's Server Inks $65K Deal In Minimum Wage Dispute

    A TGI Friday's franchise in Ohio agreed to pay $65,000 to end a worker's suit alleging it paid subminimum wages, according to court papers.

  • July 18, 2024

    Urgent Care Nurses Snag Collective Cert. In Wage Suit

    Nurses claiming an urgent care chain owes them wages can move forward as a collective in their suit, an Illinois federal judge ruled, saying the worker who lodged the suit showed she was similarly situated as her colleagues.

  • July 18, 2024

    Warner Bros. Hit With PAGA Suit By Background Actor

    Warner Bros. has not been paying background actors all their wages owed by failing to incorporate incentive payments into overtime calculations and requiring them to work through breaks unpaid, according to a Private Attorneys General Act suit filed in California state court.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    Trimmed Geico Wage Suit Stays In Federal Court

    A wage and hour class action against Geico belongs in federal court, a California federal judge ruled Wednesday, saying the insurance company estimated the first claim alone is valued at over $5 million, but also cut all but two of the allegations from the lawsuit, citing vague, murky evidence.

  • July 17, 2024

    Aviation Co. Didn't Waive Arbitration In Wage Suit

    An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.

  • July 17, 2024

    Charter School, Worker Can't Get OK For OT, Retaliation Deal

    A Florida federal judge denied a deal to end a suit alleging a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, citing a lack of information regarding attorney fees and an overbroad release of claims, according to court papers filed Wednesday. 

  • July 17, 2024

    Airport Ramp Agent's Wage Suit Stays In Federal Court

    An airport ramp agent's wage and hour suit against an aviation service company can't return to state court, a California federal judge ruled, saying the company's calculations of the unpaid wages and damages at issue far exceed the $5 million threshold required to keep a lawsuit in federal court.

  • July 17, 2024

    9th Circ. Shows Call Center Boot-Up Time Remains In Dispute

    A recent Ninth Circuit decision to send a wage and hour collective action by call center workers back to a lower court demonstrates how courts continue to grapple with ruling on claims for brief amounts of time. Here, Law360 explores the issue.

  • July 17, 2024

    Burlington Assistant Managers Seek OK Of $5.2M OT Deal

    A collective of over 800 Burlington Coat Factory assistant store managers asked a New Jersey federal judge to sign off on a $5.2 million settlement ending their unpaid overtime claims, over a year after the court shot down a proposed $11 million deal, according to court records.

  • July 17, 2024

    Drivers, Co. Need Extra Details To Mull Arbitration Carveout

    A California federal judge told a transportation worker and the at-home respiratory care provider he sued for unpaid wages to file additional documents before deciding whether arbitration is necessary, saying it is not clear whether the worker engaged in interstate commerce.

  • July 17, 2024

    Fiat Chrysler, Workers To Mediate OT Dispute

    A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.

  • July 16, 2024

    FTC's In-House Kroger Case Delayed Until After Fed Suit

    Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.

  • July 16, 2024

    JB Hunt To Pay $4.2M To End Wash. Pay Range Suit

    J.B. Hunt Transport will fork over $4.2 million to a class of 2,200 job applicants to settle a lawsuit accusing the freight company of failing to include salary ranges in job postings and violating Washington state law, according to a court order tentatively approving the deal.

  • July 16, 2024

    5th Circ. Preserves Class Cert. In Fringe Benefits Fee Fight

    The Fifth Circuit affirmed a district court's decision to certify a mega class of more than 290,000 workers in a suit against several benefits administration companies alleging mismanagement of their non-union fringe benefits, but found the action should proceed as opt-out and not mandatory class action.

  • July 16, 2024

    Delta's $16M Pay Stub Deal Scores Initial OK

    A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.

  • July 16, 2024

    Fired Pizza Worker's Retaliation Suit Headed For Trial

    A Kentucky federal court denied a restaurant's request for a win in a lawsuit the U.S. Department of Labor brought accusing the restaurant's co-owner of retaliating against a worker with concerns that she was not being paid correctly, saying a jury should parse the parties' differing versions of events.

  • July 16, 2024

    Minn. Home Care Co., DOL Ink 135K Deal In OT Suit

    A Minneapolis home healthcare company will pay $135,000 to halt a U.S. Department of Labor suit alleging it failed to pay workers overtime rates after a federal judge signed off on a deal Tuesday.

  • July 16, 2024

    Dairy Queen Franchisee Says Chevron Ruling Solves OT Fight

    A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception. 

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.