Wage & Hour

  • June 10, 2024

    Duane Morris Rehires Employment Partner From Cooley

    A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.

  • June 10, 2024

    LA County Defeats Firefighters' Quarantine OT Suit

    A firefighter was late to accuse Los Angeles County of failing to pay new firefighters for the time they spent quarantining during the COVID-19 pandemic while training, a California federal judge ruled, granting the county an early win.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 10, 2024

    Justices Won't Revisit Salary Basis Carveout To Overtime Pay

    The U.S. Supreme Court on Monday again declined to weigh in on the exemption to overtime pay under federal labor law for salaried workers in a case dealing with whether extra compensation on top of a salary does away with exemption status.

  • June 07, 2024

    NJ Equal Pay Law For Temp Workers Has Uncertain Future

    There is no doubt that the New Jersey Temp Worker Bill of Rights will upend the temp industry in the Garden State, and while a new challenge on the benefits pay provision may succeed, temp worker equal pay is likely here to stay, attorneys said.

  • June 07, 2024

    Exotic Dancers Win Class Status For State Law Wage Claims

    An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.

  • June 07, 2024

    Workers, DC Cleaning Co. Agree To Drop OT Suit

    A Washington, D.C.-area janitorial company and a group of workers told a federal judge Friday they agreed to end a collective action accusing the company of underpaying overtime wages through off-the-books payments for hours worked over 40.

  • June 07, 2024

    Package Co. Settles DC AG's Worker Misclassification Probe

    A package-receiving service for apartment buildings has agreed to pay over $150,000 to settle the Washington, D.C., attorney general office's investigation into allegations that workers who spent more than half their time in the city were misclassified by the company as independent contractors.

  • June 07, 2024

    NJ Asked To Convince Court Not To Block Temp Law

    A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Walmart Driver Misclassification Suit Sent To Arbitration

    A Washington federal judge sent to arbitration a proposed class action accusing Walmart of misclassifying its app-based delivery workers as independent contractors, saying the workers signed valid arbitration agreements.

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Denny's Cuts Deal To End Workers' Tip Credit Suit

    Denny's has agreed to pay more than $437,000 to end a class action accusing it of failing to properly inform a group of more than 100 servers it would be taking a tip credit from their wages, according to a filing in Pennsylvania federal court.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    FTC Says Kroger Hasn't Turned Over Promised Documents

    The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

  • June 06, 2024

    Full 4th Circ. Won't Rehear Inmates' Wage Suit

    The full Fourth Circuit won't review a panel's ruling that the purpose of the job of incarcerated individuals performed at a Baltimore County recycling plant determines whether federal minimum wage laws apply, turning down on Thursday the county's bid to step in.

  • June 06, 2024

    Wynn, Casino Worker Ink $600K Deal In Tip Suit

    The Wynn Las Vegas has agreed to pay $600,000 to end a slot attendant's suit alleging the casino shared tips with managers and diverted some to the casino itself claiming misplacement of tips, according to a motion to approve the deal filed in Nevada federal court.

  • June 06, 2024

    Texas Food Truck Operator Pays $157K For OT Violations

    A Texas food truck operator paid more than $157,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced Thursday.

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Logistics Co. Didn't Pay Full OT, Suit Says

    A Connecticut-based freight logistics company only paid time-and-a-half rates when employees worked more than 45 hours per week, denying workers their full overtime pay, according to a proposed class and collective action filed Thursday in federal court.

  • June 06, 2024

    Calif. AG Tells 9th Circ. NRA Ruling Doesn't Impact AB 5 Case

    The U.S. Supreme Court's recent decision siding with the National Rifle Association on its free speech claims has nothing to do with Uber and Postmates' challenge to California's Assembly Bill 5 governing worker classification, the state attorney general told the Ninth Circuit.

  • June 06, 2024

    TJ Maxx Hit With Rest Break, Sick Pay Class Action

    TJ Maxx has been requiring thousands of California workers to work through their rest breaks but forcing them to mark otherwise on their time sheets in violation of state labor law, a worker alleged in a proposed class action in state court.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    NYC Thai Eateries Owe $1.5M In Chefs' Wage, OT Suit

    A New York federal judge ordered several companies that owned and operated four now-shuttered Thai restaurants in Manhattan to pay over $1.5 million to settle class action claims that they failed to pay full minimum or overtime wages.

  • June 06, 2024

    Ga. Mortgage Co. Owes Loan Processors OT, Suit Says

    A mortgage lender unlawfully considered loan processor managers overtime-exempt under the Fair Labor Standards Act despite them performing nonexempt duties, a former employee said in a proposed class action filed in Georgia federal court.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • 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.