Wage & Hour

  • June 11, 2025

    Worker Says Foodtown Underpaid Him, Permitted Assault

    Supermarket chain Foodtown failed to pay workers overtime wages or provide them with meal periods, and it allowed a franchise owner to choke and hit a general manager, a proposed collective action filed in New York federal court said.

  • June 11, 2025

    Drywall Contractor To Pay $824K To End DOL Wage Probe

    A Las Vegas drywall contractor will pay more than $824,000 to resolve a U.S. Department of Labor investigation into allegations that it failed to pay overtime wages to piece-rate and hourly paid employees, the department said.

  • June 10, 2025

    Pa. University Seeks Toss Of Sergeant's Retaliation Claims

    The University of Scranton wants a Pennsylvania federal judge to dismiss retaliation and disability bias allegations from a police sergeant who alleged he was fired because he had cancer, telling the district court that the worker hadn't put up enough facts to support some of his claims.

  • June 10, 2025

    Janitor's Wage Claims Must Head To Arbitration, Judge Says

    A janitor in California must arbitrate her claims that a cleaning services company owed minimum wages and didn't give rest breaks, a federal magistrate judge ruled Tuesday, finding a grievance process in an unsigned collective bargaining agreement still covers the worker's claims.

  • June 10, 2025

    DC Bill Seen As Latest Setback For Ending Tip Credit

    A recent Council of the District of Columbia decision to delay phasing out the local tipped minimum wage demonstrates apprehension about eliminating the tip credit, employer-side observers said, while worker advocates said they are still seeing progress on the issue.

  • June 10, 2025

    T-Mobile Worker Can't Upend Arbitration Order In OT Suit

    A T-Mobile technician cannot keep his unpaid overtime lawsuit in court, a Washington federal judge ruled Tuesday, saying he failed to show that he was duped into signing a delegation clause that mandated issues surrounding the arbitrability of his claims be decided outside court.

  • June 10, 2025

    Campbell's Hit With Wage-Hour Suit Over Donning Time

    Renowned soup producer Campbell's failed to pay production workers for the time they spent putting on personal protective equipment before their shifts, a former company's filler operator said in a proposed collective action in New Jersey federal court.

  • June 10, 2025

    Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay

    Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."

  • June 10, 2025

    Longtime Reed Smith Employment Pro Joins Fisher Phillips

    An attorney who has focused his career on advising clients on employment and labor matters recently moved his practice to Fisher Phillips' Pittsburgh office after 13 years with Reed Smith LLP.

  • June 10, 2025

    Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit

    Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.

  • June 10, 2025

    Amazon Worker Says Military Class Ruling Needs Reopening

    The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.

  • June 10, 2025

    Drivers Say FedEx Is Employer, Liable For Unpaid OT

    FedEx exercised substantial control over drivers' jobs, two former workers told a Pennsylvania federal court, urging it to find that the delivery company acted as their joint employer and is therefore on the hook for what they said are unpaid overtime wages.

  • June 10, 2025

    Atlanta Drag Bar Agrees To $50K Deal In Wage Suit

    An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.

  • June 09, 2025

    Emirates Ex-Workers Seek Class Certification In Layoff Suit

    A group of Emirates ex-employees who lost their jobs during the COVID-19 pandemic asked a New York federal judge to certify their lawsuit against the airline as a class action, saying their discrimination, benefits and WARN Act claims apply to many ex-workers and should be processed collectively.

  • June 09, 2025

    Jury Awards Ex-Napoli Atty $6.1M In Lengthy Retaliation Battle

    A six-person jury in New York awarded more than $6.1 million in damages to the former general counsel of now-defunct firm Napoli Bern Ripka Shkolnik LLP on her claim that the firm attacked her reputation after she sued for sex discrimination 10 years ago.

  • June 09, 2025

    Fintech Co. Failed To Pay For Off-Clock Work, Ex-Worker Says

    A tech company that partners with banks to offer home improvement loans failed to pay customer service workers for the time they spent booting up and shutting down their computers before and after their scheduled shifts, a former employee said in a suit filed in Georgia federal court.

  • June 09, 2025

    Mortgage Co. Workers Get Collective Status In OT Suit

    Loan assistants and processors can proceed as a collective in their suit alleging a mortgage firm discouraged them from reporting overtime and failed to compensate them for that extra time, a California federal judge ruled, finding the workers backed up their claims that they were subject to the same policy.

  • June 09, 2025

    Ex-Yale IT Worker Pulls Payroll Schedule Class Claims

    A proposed Connecticut class action accusing Yale University of paying salaried employees on a monthly basis, rather than weekly or bi-weekly as required by state law, has been withdrawn, court records show.

  • June 09, 2025

    Sales Executive's Commissions Were Wages, NJ Panel Rules

    A New Jersey trial court made a mistake when it ruled that commissions are not wages, a state appeals panel said Monday, reviving a sales executive's wage and hour suit against a technology services company.

  • June 09, 2025

    Packaging Cos. Ink $150K Deal To End Donning, Doffing Row

    Two packing material manufacturers agreed to pay $150,000 to end a lawsuit accusing them of not paying employees for the time they spent donning and doffing personal protective equipment, two workers told an Indiana federal court.

  • June 09, 2025

    Aerospace Co., Workers Can't Get Pre-Trial Win In OT Suit

    Neither an aerospace and electronics defense company nor a collective of workers can get a pre-trial win in the employees' suit alleging the company underpaid their overtime hours, a Maryland federal judge ruled Monday, saying the many remaining questions should head to a jury.

  • June 09, 2025

    Worker Says NYC Hospital Network, Co. Skimped On Wages

    NYC Health and Hospitals and a staffing company failed to pay the entirety of wages to employees who worked at emergency response and relief centers where asylum seekers would stay, a former operational site lead said in a suit in New York federal court.

  • June 09, 2025

    DOL Deputy Solicitor Says Past Is Prologue For W&H Division

    The Wage and Hour Division of the U.S. Department of Labor is reviewing Biden-era rules and hopes to balance enforcement with compliance assistance, the department's deputy solicitor said Monday.

  • June 09, 2025

    AMC 'Dark Winds' Worker Says Crew Member Harassed Her

    An entertainment company behind the AMC thriller series "Dark Winds" paid a female worker less than her male counterparts and then fired her after she complained that a male crew member had harassed her, she told a California state court.

  • June 09, 2025

    NC Sheriff's Office To Pay $625K To End Workers' Wage Suit

    A North Carolina sheriff's office agreed to pay $625,000 to a class of detention center employees to end their suit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.

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.