Wage & Hour

  • April 09, 2025

    Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit

    Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.

  • April 09, 2025

    9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'

    A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."

  • April 09, 2025

    3 Tips For Running A Compliant Internship Program

    Companies developing their summer internship programs must ensure they give participants educational opportunities and avoid relying on interns to add bottom-line value, especially if the programs are unpaid. Here, Law360 explores three tips to structure an internship program.

  • April 09, 2025

    Home Health Co. Fails To Pay Aides' Travel Time, Worker Says

    A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.

  • April 09, 2025

    Twitter Seeks To Strike Arbitrations In Severance Fight

    Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.

  • April 09, 2025

    Seattle Hospital Agrees To Pay $16M To End Meal Break Suit

    Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.

  • April 09, 2025

    Trial Court Too Tough On Laundromat Bias Suit, 2nd Circ. Says

    The Second Circuit reinstated a Black laundromat worker's suit claiming she was fired for complaining that her supervisor made racist comments and for requesting working adjustments due to a broken thumb, ruling Wednesday a lower court improperly tanked the case based on her "self-serving" testimony.

  • April 09, 2025

    Female Teachers Must Identify Specific Men In Pay Bias Case

    A Pennsylvania federal judge on Wednesday refused to grant a posttrial win to two female teachers who accused a school district of paying women less than men and told the women to identify more specific male counterparts for the forthcoming second trial.

  • April 09, 2025

    Essential Oil Co. Settles Dispute Over OT Math

    An essential oil company settled a Fair Labor Standards Act collective suit by employees alleging it left bonuses out of overtime math, according to a filing in Utah federal court.

  • April 09, 2025

    5th Circ. Pauses Contractor Rule Challenge Amid DOL Review

    The Fifth Circuit halted a group of companies' challenge to a Biden-era independent contractor rule determining workers' classification under the Fair Labor Standards Act after the U.S. Department of Labor said it was reconsidering the rule.

  • April 09, 2025

    Mortgage Lender Misclassifies Underwriters, Worker Says

    A mortgage lender unlawfully classifies underwriters as exempt from earning overtime pay despite their job duties not falling under the requirements to warrant exemption, according to a proposed class and collective action filed in Georgia federal court.

  • April 08, 2025

    2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal

    A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.

  • April 08, 2025

    Starbucks Tears Into Missouri AG's 'Defective' DEI Lawsuit

    Starbucks urged a Missouri federal judge to toss a suit from the state's attorney general claiming the company employs diversity quotas that discriminate against white and male applicants, arguing the state hasn't presented any evidence that its diversity, equity and inclusion policies have negatively affected Missourians.

  • April 08, 2025

    9th Circ. To Hear Remaining AB 5 Challenge

    A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.

  • April 08, 2025

    Pharmaceutical Co. Fails To Pay All Wages, Workers Say

    A pharmaceutical company unlawfully shaves off the time workers spend putting on and taking off sanitary clothing, thus causing their overtime pay to decrease, a proposed collective action filed in New Jersey federal court said.

  • April 08, 2025

    Grubhub, Driver Reach Deal In Almost 10-Year-Long Wage Suit

    A California federal court said that a former Grubhub delivery driver settled his almost 10-year-long lawsuit in which he claimed the food delivery company misclassified him as an independent contractor, vacating a bench trial.

  • April 08, 2025

    Littler Adds 4th DC Sports Employment Attorney From Akin

    Littler Mendelson PC has brought on a former Akin Gump Strauss Hauer & Feld LLP attorney with experience representing sports leagues and teams as a shareholder in Washington, D.C., the management-side firm's latest addition to its burgeoning sports practice.

  • April 08, 2025

    Oil Co. Strikes $7.2M Deal To End Wage Suit

    An oil company agreed to pay $7.2 million to resolve a 2,200-member class action accusing it of failing to provide unionized workers with rest breaks and pay them a minimum wage, a filing in California federal court said.

  • April 08, 2025

    Ballard Spahr Fired Atty For Taking Medical Leave, Suit Says

    A former attorney for Ballard Spahr LLP filed suit against the firm and the head of its employee benefits group Tuesday in New York federal court, claiming she was fired for taking medical leave and seeking a more flexible work schedule to deal with her epilepsy and a gastrointestinal condition. 

  • April 08, 2025

    Seyfarth Elevates 6 Leaders In Its Labor, Employment Practice

    Seyfarth Shaw LLP this week unveiled a slate of six newly appointed labor and employment leaders on both coasts, praising the impact they've had on the firm and its clients throughout their tenures so far.

  • April 08, 2025

    Former Prada GC Fashions Move To Fisher Phillips In NY

    Fisher Phillips has hired the legal function leader of Prada Group as a New York office partner to expand the firm's retail industry offerings.

  • April 08, 2025

    Farmworkers Fight To Keep Wages Collective Suit Standing

    A North Carolina federal judge should reject three farms' attempts to detangle a collective and snag an early win in a suit accusing them of failing to reimburse farmworkers for travel and visa expenses, the workers said, standing by claims they said are timely and well-supported.

  • April 08, 2025

    Atty Says Debevoise Fired Him Over Medical Leave

    Debevoise & Plimpton LLP fired an attorney in its international dispute resolution practice group because he had taken medical leave, abruptly dismissing him two days after he returned, and refused to give him a chance to increase his billable hours, he told a New York federal court.

  • April 07, 2025

    Snyder's-Lance Looks To Ax Proposed Class Wage Claims

    The company that makes Snyder's pretzels asked a North Carolina federal judge Monday to deny a Pennsylvania employee's bid to represent a class of workers from 12 states in a wage lawsuit, arguing she can't sue under the laws of the 11 states she doesn't live or work in.

  • April 07, 2025

    NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit

    Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.

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.