Wage & Hour

  • September 06, 2024

    Calif. Has Underpaid State Court Judges For Years, Suit Says

    A Sacramento County judge has filed a proposed class action on behalf of over 5,000 current and retired bench officers alleging they've been underpaid for the last several years over the state's failure to properly include special salary adjustments when calculating the average percentage salary increase for all state employees.

  • September 06, 2024

    X Corp. Shorted 3 Execs Millions In Severance, Suit Says

    Three former executives of Twitter, now known as X, said in a California federal court suit that Elon Musk prevented them from collecting millions in severance benefits following his takeover of the social media company by falsely claiming they were fired for failing to cooperate in investigations.

  • September 06, 2024

    3rd Circ. Follows Corner Post In Home Care OT Change Feud

    Three home care companies' challenge to an Obama-era rule expanding overtime eligibility for certain workers is back on track, the Third Circuit ruled Friday, saying that the U.S. Supreme Court's Corner Post decision mooted a Pennsylvania federal court's ruling that the entities' suit was late.

  • September 06, 2024

    Workers At GE Aviation Plant Were Paid Late, Suit Claims

    More than 100 employees of a General Electric aviation manufacturing plant in Massachusetts say they were paid late on multiple occasions, in violation of the state's Wage Act, according to a proposed class action filed in state court.

  • September 06, 2024

    3rd Circ. Told Not To Defer To DOL In Travel Time Comp. Row

    A home care company told the Third Circuit not to defer to the U.S. Department of Labor's interpretation of when travel time between worksites should be compensated, saying recent Fifth Circuit and U.S. Supreme Court rulings show the court shouldn't give credence to agency definitions.

  • September 06, 2024

    NY Forecast: 2nd Circ. Hears Amazon Security Search Row

    This week, the Second Circuit will consider a group of workers' attempt to revive their claim that Amazon owed them pay for time they spent undergoing anti-theft screenings after their shifts and during breaks.

  • September 06, 2024

    Calif. Forecast: 9th Circ. To Hear Charter Overtime Suit Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a wage suit against Charter Communications alleging overtime pay violations. Here's a look at that case and other labor and employment matters on deck in California.

  • September 06, 2024

    Checking In On States' Voting Leave Laws

    As Americans go to the polls in November to vote for president and other offices, workers in 28 states and Washington, D.C., will be entitled to take time off from work to make their selections.

  • September 06, 2024

    Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit

    A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.

  • September 06, 2024

    Legal Insurance Co., Ex-Worker Settle Suit Over Preshift Tasks

    A legal insurance provider reached a deal with a former customer service representative to resolve her proposed class action accusing the company of failing to compensate her for the time it took to boot up her computer before the workday began, a filing in Ohio federal court said.

  • September 05, 2024

    NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK

    A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.

  • September 05, 2024

    9th Circ. Asked To OK Broad Geographic Scope In Wage Suits

    Collective suits can reach workers whose wage claims arise out of a different state from where the matter originated, an attorney group told the Ninth Circuit, backing workers' efforts to keep their tip suit collective against Cracker Barrel in one piece.

  • September 05, 2024

    Labor, Industry Agree: Mich. Wage Ruling Should Stand

    Hospitality groups and workers' rights campaigners have both slammed Michigan regulators' request that the state supreme court clarify its recent minimum wage ruling, the groups coming to opposite conclusions about the state's intent but agreeing that the justices should deny the request and let the ruling speak for itself. 

  • September 05, 2024

    Iron Co. Escapes Fired Worker's Bipolar Leave Bias Suit

    A Michigan federal judge tossed a worker's suit claiming he was fired from an iron casting company for taking medical leave to treat his bipolar disorder, ruling that his claims were brought to court too late.

  • September 05, 2024

    5th Circ. Rejects Overtime For Highly Paid Oil Rig Workers

    A group of reamers for an oil and gas company aren't entitled to overtime under federal law because they are paid an annual salary and performed exempt duties, a Fifth Circuit panel ruled, affirming a lower court's decision.

  • September 05, 2024

    Project 2025 Pushes Contentious Overtime-PTO Swap Policy

    A proposal for the next conservative presidential administration to enable workers to choose to accumulate paid time off instead of overtime pay would save employers costs, management-side attorneys say, but worker advocates see downsides.

  • September 05, 2024

    Minn. Health System Wants Union's Arbitration Award Axed

    A Minnesota healthcare system urged a federal court to throw out an arbitrator's award in favor of a union, saying the arbitrator ran afoul of a collective bargaining agreement by penalizing the system under state law for recouping wages it overpaid to several employees.

  • September 05, 2024

    Liberty Mutual Settles Call Center Workers' Pay Complaint

    A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.

  • September 05, 2024

    Calif. City Lodges Sick Leave Suit Against Southwest

    Southwest Airlines failed to restore the paid sick hours to workers as part of a settlement it reached with the city of Oakland in 2020 and denied employees their right to take sick leave, the city said in a complaint in California state court.

  • September 05, 2024

    7-Eleven Owners Not Company Workers, Mass. Justices Say

    The top court in Massachusetts ruled Thursday that 7-Eleven franchise owners aren't employees because they don't perform services for the corporation that licensed them the franchises.

  • September 05, 2024

    Assisted Living Co. Pays $32K For OT Violations, Retaliation

    An operator of assisted living centers in Tennessee paid nearly $32,000 in back wages and damages for denying employees overtime rates and firing one worker who questioned the company's pay practices, the U.S. Department of Labor announced Thursday.

  • September 05, 2024

    Calif. Grape Farmer Wins Revival Of Wage Suit

    A California appeals court reinstated a grape farmer's proposed class action accusing farming companies of failing to provide rest periods and overtime wages, saying he put forward enough information to put the affiliated companies on notice of his claims.

  • September 05, 2024

    Texas Home Health Co. Pays $141K After OT Probe

    A Texas-based home healthcare company paid more than $141,000 in back wages and damages for stiffing dozens of employees on overtime pay, the U.S. Department of Labor announced.

  • September 05, 2024

    NY Nursing Homes Pay $445K For Overtime Violations

    Several nursing homes in upstate New York paid more than $445,000 in back wages, damages and fines for denying hundreds of employees their overtime rates, the U.S. Department of Labor announced.

  • September 04, 2024

    LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told

    A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • 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.