Wage & Hour

  • May 22, 2024

    NJ Biz Groups Say ERISA Preempts State Temp Worker Law

    A group of New Jersey business associations filed an amended challenge to a state law expanding protections for temporary workers, saying the law is superseded by the Employee Retirement Income Security Act and asking a federal court for an indication that it would block the state law on remand.

  • May 22, 2024

    States Tackling Arb. Waivers 2 Years After High Court Ruling

    The extent to which prejudice counts toward whether an employer waived its right to send a worker’s claims to arbitration is now playing out in state high courts, two years after the U.S. Supreme Court’s Sundance ruling on the issue. Here, Law360 explores how Sundance is playing out.

  • May 22, 2024

    Stryker Agrees To Settle Calif. Misclassification Suit

    Medical device company Stryker told a California federal court Wednesday it has agreed to settle a proposed class action accusing it of misclassifying workers as overtime-exempt and failing to pay them overtime during their mandatory training.

  • May 22, 2024

    Wage Poster From The '80s Can't Save Bar From Liability

    The only tangible information an Illinois bar provided to two former bartenders about their compensation was a poster from the 1980s that lacked detailed pay rates, a federal judge ruled, granting the workers' liability win in their tip credit suit.

  • May 22, 2024

    SC Gov. Signs Earned Wage Access Bill Into Law

    South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.

  • May 22, 2024

    FLRA Rejects Ky. National Guard's OT Challenge

    The Federal Labor Relations Authority denied the Kentucky National Guard's challenge to an arbitrator's finding that it shorted workers on overtime, ruling that the arbitrator acted within his power and the award was justified.

  • May 22, 2024

    Calif. Court Rejects Arbitration Pact Stacked Against Workers

    The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

  • May 22, 2024

    Amazon Defeats Fired Executive's Equal Pay Suit

    A California federal judge threw out a former Amazon executive's suit alleging the online retail behemoth unlawfully fired her after complaining that a male counterpart earned more than her, ruling that revisions to her suit hadn't fixed the lack of detail previously called out by the court.

  • May 22, 2024

    Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told

    Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.

  • May 21, 2024

    Paramount Pictures Violated Wage Laws, Crew Member Says

    Paramount Pictures Corp. failed to pay crew members working on movie productions their total wages, denied them proper rest breaks and refused to reimburse them for out-of-pocket expenses, according to a proposed Private Attorneys General Act class action filed Monday in California state court.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit

    A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.

  • May 21, 2024

    DOL Says Challenge To New DOL Contractor Rule Can't Stand

    The U.S. Department of Labor said Tuesday its final rule sorting out whether workers are independent contractors or employees under federal law complies with the law, urging a Louisiana federal judge to toss five business groups' challenge to the rule.

  • May 21, 2024

    Some DOL Informers To Be Disclosed In Fishery Wage Case

    A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.

  • May 21, 2024

    NY HVAC Co. To Pay $15K For Demanding Wage Kickbacks

    A Long Island, New York, HVAC company will pay $15,000 in fines for threatening to fire workers if they did not kick back wage payments recovered in a U.S. Department of Labor probe, the agency announced.

  • May 21, 2024

    Dairy Queen Franchisee Seeks To Expedite DOL OT Rule Row

    A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

  • May 21, 2024

    NC Panel Cans Atty's 'Grossly Excessive' Fees In Wage Suit

    A North Carolina appeals court rejected a real estate agent's bid to be awarded nearly $500,000 in attorney fees after winning an unpaid wages lawsuit, reasoning Tuesday that state wage law doesn't require that fees be granted to a prevailing party.

  • May 21, 2024

    Calif. Mushroom Farms Pay $530K After DOL Probe

    Two mushroom farms in California paid nearly $530,000 for underpaying 62 workers and providing them with unsafe housing, the U.S. Department of Labor announced.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Georgia State Farm Office, Ex-Worker Settle Overtime Suit

    A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.

  • May 21, 2024

    Construction Groups Press To Halt DOL Prevailing Wage Rule

    The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.

  • May 21, 2024

    4th Circ. Ruling Is Rare Take On FLSA Coverage For Inmates

    A Fourth Circuit decision this month stands out for opening the door to classifying certain incarcerated workers as employees under the Fair Labor Standards Act, representing another shift in the legal discourse around people behind bars, attorneys say.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.