Wage & Hour

  • May 24, 2024

    Cleaning Co. Should Pay Up In SEIU Arb. Case, Judge Says

    A cleaning company and its related entities should be required to compensate terminated workers with more than $22,000 stemming from an arbitration award, a New York federal magistrate judge recommended Friday, saying a Service Employees International Union affiliate showed the businesses were alter egos.

  • May 24, 2024

    4 Places That Are Leading The Gig Worker Pay Push

    A growing list of cities and states are setting mandatory wage floors for gig workers, who are typically classified as independent contractors and therefore not eligible for minimum wage protections. Here, Law360 explores places with minimum pay for gig workers.

  • May 24, 2024

    NY Forecast: School Pushes To Arbitrate Retaliation Case

    On Thursday, a federal judge will consider a Buffalo, New York, Catholic school's bid to compel arbitration of claims brought by a former president who says she was retaliated against after she uncovered financial and academic issues at the school.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

    3 Tips To Manage Summer's Tricky Child Labor Landscape

    Amid an uptick in enforcement against child labor violations, a changing landscape for state laws on youth employment and the unofficial start of summer hiring season, attorneys tell Law360 three ways employers can stay in compliance with their new and temporary young employees.

  • May 24, 2024

    Liberty University Fights Class Cert. Bid In Time Sheet Suit

    A supervisor of intramural sports at Liberty University can't prove that other workers are similar enough to support collective certification in a suit alleging the university messed with employees' time records to cap their hours at 40 per week to avoid paying overtime wages, the school told a federal judge.

  • May 24, 2024

    Medical Courier Service Settles Drivers' Overtime Suit

    A Georgia-based medical courier service accused of failing to pay its drivers their proper overtime wages has agreed to settle the case, according to an unopposed bid for settlement approval that calls the deal "approximately equal to plaintiffs' best possible day at trial."

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    PNC, Loan Officers Ink $12M Deal In Rest Break Suit

    PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

  • May 23, 2024

    $30M Deal Sealed In Cleaners' 15-Year-Old Wage Dispute

    A California federal judge on Thursday placed the final stamp of approval on a $30 million settlement resolving a 15-year-old class action accusing a janitorial company of misclassifying workers as independent contractors, saying the terms of the deal are favorable especially in light of continuing the long-running litigation.

  • May 23, 2024

    Novartis Settles Ex-Saleswoman's Gender Pay Bias Suit

    Pharmaceutical giant Novartis and a former sales representative have agreed to end a suit alleging she was paid over $20,000 less than a male colleague pitching the same product, according to filings in Colorado federal court.

  • May 23, 2024

    FirstKey Sanctioned For Trying To Coerce Workers In OT Suit

    A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."

  • May 23, 2024

    NC Fintech Atty Sues Paymentus For Gender, Age Bias

    A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

  • May 23, 2024

    Conn. To Expand Paid Sick Leave To Smaller Businesses

    More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

  • May 23, 2024

    Calif. Panel Gives Restaurant Group's Arbitration Bid New Life

    The arbitration agreement a hospitality company gave to a former employee was not ambiguous, so a trial court must look at a wage and hour case again, a California state appeals court ruled, giving the company's arbitration bid another chance.

  • May 23, 2024

    Amazon Workers' $5.5M COVID Screening Deal Gets Initial OK

    A California federal magistrate judge on Wednesday gave her preliminary blessing to a $5.5 million settlement Amazon agreed to pay to a class of 250,000 employees who accused the digital retail behemoth of failing to pay for time spent undergoing mandatory COVID-19 screenings before their shifts.

  • May 23, 2024

    Calif. Appeals Court Brings Back Axed PAGA Case

    A California appeals court revived a worker's representative claims under the state's Private Attorneys General Act, finding a lower court's order should be revised following a 2023 state Supreme Court ruling clarifying which PAGA claims can be sent to arbitration.

  • May 23, 2024

    Business Groups Fight OT Rule Raising Salary Limits

    A group of business associations urged a Texas federal court to block a 2024 U.S. Department of Labor rule raising the minimum salary on overtime exemption for executive, administrative or professional employees, saying the rule doesn't rectify the errors from a 2017 rule that the same court enjoined.

  • May 23, 2024

    Jackson Lewis Questions Role In Wage Suit After Ch. 11

    Jackson Lewis PC attorneys were unsure if they were able to keep representing more than a dozen Pennsylvania nursing homes as an unpaid-wage case approaches a critical deadline, telling a federal court during a conference Thursday that the Bankruptcy Code suspended their service to a group of defendants who filed for Chapter 11 bankruptcy earlier in May.

  • May 23, 2024

    5th Circ. Won't Fast-Track Challenge To DOL's OT Rule

    The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.

  • May 23, 2024

    County Tells Full 4th Circ. Inmates' Wage Ruling Went Too Far

    A Fourth Circuit panel decision that determining pay for incarcerated people working at a Baltimore County recycling plant should focus on the purpose of their work unprecedentedly expands the reach of federal labor law, the county said, asking for the full court's intervention.

  • May 23, 2024

    Philly-Area Home Health Co.'s OT Settlement Gets First Nod

    A Pennsylvania federal judge gave an early nod to a deal resolving a proposed class of nurses' overtime suit against a Philadelphia nursing home that allegedly failed to pay its in-home care workers the proper rates for overtime in violation of both state and federal wage laws.

  • May 22, 2024

    Wash. Health System Wants $230M Worker Class Win Axed

    A Washington hospital system is seeking to derail a nearly $230 million judgement in favor of workers in a class wage case, contending the plaintiffs' key expert who testified at a state court trial recommended that jurors calculate damages based on a flawed equation that didn't account for differences in pay classifications.

  • May 22, 2024

    IT Co. Can't Sink Fired Worker's FMLA Retaliation Suit

    A Florida federal judge declined to hand an information technology company an early win in a former worker's suit claiming he was fired after he took medical leave to treat anxiety, ruling that there are enough disputes over whether the company acted illegally to send the case to trial.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

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.