Wage & Hour

  • February 02, 2023

    Hyatt Hit With Wage Suit Citing Long Beach Hotel Worker Law

    A Hyatt hotel in Long Beach, California, violated state and municipal protections for cleaning staff by overworking them, underpaying them and denying them their mandatory rest breaks, a pair of cleaning workers alleged in a proposed class action filed in state court.

  • February 02, 2023

    Landscaper Barred From H2-B Program For Wage Violations

    A Denver, Colorado, landscaping company will pay 14 workers $203,332 in back pay and lose its ability to hire workers on H-2B visas for five years, according to the U.S. Department of Labor.

  • February 02, 2023

    Environmental Co., Workers Seek Discovery Delay In OT Suit

    Two workers and the environmental company they sued, claiming a supervisor clocked them out to avoid paying overtime, asked a North Carolina federal court to delay discovery, saying handing out certain information should wait until a collective certification bid.

  • February 02, 2023

    North Carolina Wholesaler Owes $287K For OT Violations

    An Asheville, North Carolina, gift and novelty wholesaler will pay $287,923 to 152 workers who were not paid their full overtime wages, the U.S. Department of Labor announced Thursday.

  • February 02, 2023

    Under Armour, Workers Punt OT Suit To State Court

    Under Armour and a worker who accused the company of miscalculating its employees' overtime rate and failing to adequately pay for skipped meal and rest breaks agreed to kick their federal court-based dispute to a California state court to pave the way for a settlement.

  • February 02, 2023

    Trial Lawyers Say Domino's Drivers Don't Need Arbitration

    The American Association for Justice urged the Ninth Circuit to restore its decision exempting from arbitration Domino's truck drivers who transport items in-state because the journey involves interstate commerce, the second filing from an outside party supporting the drivers' bid to reinstate the ruling.

  • February 02, 2023

    Vitamin Shoppe Hit With OT Suit Over Meal Breaks In Calif.

    Vitamin Shoppe staffing problems forced employees to work through their meal and rest breaks, ultimately leading to unpaid overtime, two former employees said in a proposed class and collective action in California federal court.

  • February 02, 2023

    Curaleaf Workers Seek Class Cert. In Stolen Tips Dispute

    Cannabis dispensary workers at Curaleaf Holdings asked an Illinois federal judge to certify a class in their suit claiming managers at locations around the country stole the contents of tip jars, saying the company's unified management structure supported the class allegations.

  • February 01, 2023

    US Bank Beats Most Of Worker's Bias Claims

    An Arizona federal judge gutted a Black U.S. Bank employee's discrimination and retaliation suit alleging she was refused a space to pump breast milk and denied career advancement opportunities, leaving only her race and sex bias claims intact over allegedly denied overtime.

  • February 01, 2023

    DOL Can't Enforce Scrapped $15M Wage Suit Settlement

    The operators of several nursing and rehabilitation facilities were within their rights to scrap their tentative $15 million offer to settle a U.S. Department of Labor lawsuit alleging they underpaid workers, a Pennsylvania federal judge held Wednesday.

  • February 01, 2023

    Senators Reintroduce Legislation To Ban Noncompete Pacts

    A bipartisan coalition of U.S. senators proposed legislation Wednesday that would severely limit the ability of employers to enforce noncompete agreements with most employees.

  • February 01, 2023

    Lichten & Liss-Riordan Adds Wage And Hour Atty In Chicago

    Lichten & Liss-Riordan PC added a Chicago-based partner to its employment and labor practice Wednesday, expanding the firm's national reach and strengthening its leadership in worker-side class actions.

  • February 01, 2023

    Hospital's Bid For Pandemic Bonuses Nixed By Old Policy

    A New York hospital couldn't convince a contracting board that $5.4 million worth of bonuses provided to front-line staff during the COVID-19 pandemic were reimbursable by the Federal Emergency Management Agency, after the board found nothing in the hospital's policies mandating the hazard pay.

  • February 01, 2023

    Ex-Worker Says Sleep Center Didn't Pay Minimum Wage

    A Florida sleep testing and treatment center did not pay a former worker for the time he spent training to be a sleep technician, he said in a proposed class action filed in federal court.

  • February 01, 2023

    9th Circ. Revives Alaska Airlines Paid Military Leave Suit

    The Ninth Circuit restored a class action accusing Alaska Airlines of discriminating against pilots on short-term military leave by shorting them on pay, ruling Wednesday that a trial court improperly resolved factual disputes that should have been left to a jury.

  • February 01, 2023

    Va. Cleaning Co. Owner Pleads Guilty In Forced Labor Case

    One of three owners of a Virginia linen cleaning company charged in an alleged labor trafficking scheme has pled guilty to his role in the conspiracy, which prosecutors say involved shipping undocumented immigrants from Central America to Virginia and forcing them to work for low wages under threat of deportation or physical violence.

  • February 01, 2023

    Armstrong Teasdale Opens In Calif. With Lewis Brisbois Atty

    Armstrong Teasdale LLP is heading west, announcing Wednesday that it will launch its first California office with the help of a former Lewis Brisbois Bisgaard & Smith LLP employment attorney who is joining as a partner in the new location.

  • February 01, 2023

    Attys Urge Fed. Circ. To Review Gov't Shutdown Pay Rulings

    Several worker-side attorneys groups asked the full Federal Circuit to reconsider two decisions ruling that federal employees weren't entitled to extra back pay after receiving late paychecks during government shutdowns, saying the decisions clashed with settled law.

  • February 01, 2023

    Pizza Hut Operator Drove Wage Below Minimum, Workers Say

    An operator of 180 Pizza Hut franchises so undercompensates its delivery drivers for their vehicle expenses that it pushes their wages below the federal minimum, two workers alleged in a proposed class and collective action filed in Connecticut federal court.

  • February 01, 2023

    Drivers Argue Pa. Pot Co. Still Owes Them OT Wages

    Former delivery drivers for a Pennsylvania medical cannabis company told a federal court that their claims that they were unlawfully misclassified as independent contractors and denied overtime wages are strong enough to survive a dismissal bid.

  • February 01, 2023

    7th Circ. Nixes Dental Office Worker's Lunch Break Wage Suit

    A Seventh Circuit panel backed a Wisconsin federal court's dismissal of a former dentist office manager's suit accusing the office of failing to pay her for her lunch breaks, saying the worker was not owed pay because she was not working during that time.

  • February 01, 2023

    Ogletree Announces New Managing Shareholder-Elect

    Atlanta-based Ogletree Deakins Nash Smoak & Stewart PC announced Tuesday new leadership will be taking the helm of the labor and employment firm beginning in 2024, including the firm's first female managing shareholder.

  • January 31, 2023

    Center Booted Doctor Who Raised Safety Issues, Suit Says

    A doctor alleged that she was pushed out of her job at a cancer center after she raised concerns about repeat patient safety issues, and that the facility paid male doctors more than their female colleagues, according to her suit filed Tuesday in New York federal court.

  • January 31, 2023

    Ex-Salesperson Sues Aventa Health Over Overtime Pay

    A sales firm for affordable health insurance plans failed to provide its staff with overtime compensation despite routinely requiring overtime work, a worker alleged in a proposed collective action filed Tuesday in Florida federal court.

  • January 31, 2023

    Ex-Worker Says Tech Co. Fired Her Over Anxiety Disorder

    A computer and cellphone accessory manufacturer's inflexible return-to-office mandate represented an illegal refusal to accommodate a disability, a worker with a severe anxiety disorder told a Georgia federal court.

Expert Analysis

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

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    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • Preparing For Potential Changes To DOL's Overtime Rules

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    While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

  • Cost-Splitting Arbitration Clauses Threaten Workers' Rights

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    A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.

  • Pa.'s Changing Employment Laws In 2022 And Beyond

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    With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

  • Musician Classification Pointers For Wash. Hospitality Cos.

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    Following a recent increase in audits by the Washington State Employment Security Department concerning hospitality employers’ classification of musical performers, businesses are strongly encouraged to assess state law requirements governing their relationship with hired talent and ensure written contracts are in place, say Emily Bushaw and Shannon McDermott at Perkins Coie.