Wage & Hour

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Let Plaintiffs Outside Pa. Into FedEx Wage Suit, 3rd Circ. Told

    Former FedEx security specialists urged the Third Circuit to undo a Pennsylvania federal court's exclusion of claims by out-of-state plaintiffs in a collective wage action alleging overtime pay violations, arguing Wednesday that the ruling undermines the streamlined litigation mechanism of federal labor law.

  • January 26, 2022

    Federal Worker Wage Hike Could Squeeze Private Employers

    Private sector employers could feel compelled to raise wages to stay competitive after the federal government said it will begin paying its employees at least $15 an hour, attorneys said. Here, Law360 explores how the federal employee wage hike could affect employers outside of government.

  • January 26, 2022

    Colo. Marijuana Security Workers End Yearslong OT Dispute

    Helix TCS security guards agreed Wednesday to dismiss their lawsuit in Colorado federal court alleging the marijuana security firm failed to pay them overtime, ending the 5-year-old suit that took a trip to the U.S. Supreme Court.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Oilfield Workers' OT Settlement Gets Green Light

    A Texas federal judge approved a settlement agreement brokered between a group of oilfield workers and their employer, resolving a class action that accused the oil drilling company of erroneously calculating the workers' overtime pay.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Party City Flouted NY Weekly Pay Rules, Ex-Worker Says

    A former Party City employee hit the company with a proposed class action Tuesday alleging he and other manual laborers in New York were not paid weekly in violation of state law.

  • January 26, 2022

    Ex-Employee Claims Shipping Co. Stiffed Workers' Wages

    A shipping company did not pay workers their proper minimum wage or overtime rates even though they were clocking 50-hour weeks, according to a proposed collective action filed by a former employee in New York federal court.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 26, 2022

    Wis. School District Paid Female Workers Less, EEOC Says

    A Wisconsin school district paid 10 female employees less than two male employees despite performing the same job and having comparable experience, the U.S. Equal Employment Opportunity Commission said in a complaint filed in federal court.

  • January 25, 2022

    Kevin Spacey Wants $31M 'House of Cards' Award Tossed

    Lawyers for Kevin Spacey asked a California judge to vacate a $31 million arbitration award handed to the producers of "House of Cards," saying he never sexually harassed anyone and that they wrongly removed him from the Netflix show without actual knowledge of the alleged misconduct.

  • January 25, 2022

    'Key & Peele' Streaming Royalties Suit Dropped Against WGA

    A former "Key and Peele" showrunner withdrew his proposed class action Tuesday alleging the Writers Guild of America West and Viacom subsidiaries did not pay writers royalties for shows on streaming platforms, following a California federal judge's order denying him class certification in December.

  • January 25, 2022

    A Fair Wage Prez On Why It's Time To Ban Subminimum Pay

    Certain workers, such as restaurant servers and those with disabilities, can be paid subminimum wages. Saru Jayaraman, an advocate for a full minimum wage for all, spoke to Law360 about the Biden administration’s newly effective tipped wages rule, among other issues, and how the pandemic has upended the wage debate.

  • January 25, 2022

    Supervisor Hits Oil And Gas Drilling Co. With OT Class Action

    An oil and gas drilling supervisor filed a proposed class and collective action in Delaware federal court against his employer Tuesday, claiming he and other workers were misclassified as exempt from overtime pay while regularly clocking over 40 hours a week.

  • January 25, 2022

    Southwest Tells Justices Supervisor Can't Escape Arbitration

    Southwest Airlines urged the U.S. Supreme Court to overturn a Seventh Circuit decision that found a Chicago ramp agent supervisor could avoid arbitration of her overtime claims under a federal exemption, arguing the worker didn't engage in interstate commerce.

  • January 25, 2022

    Trucking Group Urges 1st. Circ. To Flip Truckers' Wage Win

    The nation's largest trucking trade association is urging a First Circuit panel to overturn a lower court's ruling that truckers should be paid for the time they spend resting in their sleeper berth truck cabins, arguing that if the ruling stands, it will considerably disrupt the trucking industry.

  • January 25, 2022

    NCAA Can't Get 2nd Shot To Toss 'Employee' Suit, Court Told

    College athletes seeking minimum wage in a potential landmark putative collective action urged a federal judge on Monday to reject the NCAA's "unorthodox" and "extraordinary" bid to get the case tossed after its request for a rapid-fire appeal was denied.

  • January 25, 2022

    Employment Group Of The Year: Seyfarth

    Employment attorneys at Seyfarth Shaw LLP notched several wins in recent months, including a Ninth Circuit ruling that clarified when a joint employer can force workers into arbitration and a settlement that ended a class action against Jimmy John's that threatened its franchise business model, earning the firm a place as one of Law360's 2021 Practice Groups of the Year.

  • January 25, 2022

    Walmart Fails To Trim Night Managers' Overtime Suit

    A New Jersey federal judge denied Walmart's request for partial summary judgment in a suit claiming the retail giant misclassified night managers as exempt from overtime pay, ruling that the company's defenses don't add up to the facts presented in the case.

  • January 25, 2022

    Mass. Labor Atty Suing Uber, Whole Foods Launches AG Bid

    A prominent Massachusetts labor attorney who's served workers-rights complaints on Whole Foods, Starbucks, Uber, Lyft and FedEx announced Tuesday she's running to be the Bay State's next attorney general.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Smashburger Worker Can Amend Wage Suit, Judge Says

    A New York federal judge has given a Smashburger worker a chance to amend his proposed class action claiming the hamburger chain illegally paid workers biweekly instead of weekly, giving him a chance to better plead the claim.

  • January 24, 2022

    Pepperidge Farm Worker Beats Counterclaim In OT Suit

    Pepperidge Farm won't be able to scrap an agreement it entered with a worker who accused the bakery company of misclassifying workers as independent contractors after an Ohio federal judge found the company's request relied on a future event.

Expert Analysis

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Employer Timekeeping, Payroll Lessons After Kronos Hack

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    In light of the recent ransomware attack on workforce management platform Kronos and the ongoing threat of similar breaches, employers must proactively plan for catastrophic outages of timekeeping and payroll systems to ensure continued compliance and minimize business disruptions, say Bridget Blinn-Spears and Christy Rogers at Nexsen Pruet.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Joint Employer Lessons From Mass. Contractor Test Ruling

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    The Massachusetts high court’s recent decision in Jinks v. Credico narrows the scope of joint employment by adopting the Fair Labor Standards Act multifactor test in lieu of state law standards, representing rare relief for employers and guiding businesses on how to minimize liability in structuring relationships with subcontractors and vendors, say attorneys at Cooley.

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

  • Getting Ahead Of Manual Worker Pay Frequency Claims In NY

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    As cases interpreting and challenging a New York appellate court’s 2019 pay frequency ruling in Vega v. CM & Associates work their way through the courts, employers of manual workers should consider steps to mitigate the risk of liquidated damages claims for late-issued paychecks, say Kelly Cardin and Jessica Schild at Ogletree.

  • What 2021's Top PAGA Rulings Mean For Calif. Employers

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    Michael Nader at Ogletree discusses how this year’s most significant Private Attorneys General Act decisions from California appellate courts will likely facilitate an upward litigation trend in 2022, even though one particularly important ruling authorized courts to better handle and even dismiss unmanageable PAGA claims.

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.