Wage & Hour

  • July 22, 2024

    9th Circ. Backs TSA's Win In Ex-Worker's Retaliation Suit

    The Ninth Circuit declined to reinstate a lawsuit alleging the Transportation Security Administration fired an officer for complaining that he faced a hostile work environment, saying he failed to overcome the agency's assertion that he was terminated for refusing to comply with an investigation into alleged criminal activity.

  • July 22, 2024

    Pizza Franchisees Owe $277K After DOL Child Labor Probe

    The operators of 10 pizza restaurant franchises in Nevada owe more than $277,000 for allowing minors to work at times the law does not permit and operate dangerous machinery, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Drivers Urge Court To Keep Amazon Wage Suit Alive

    Delivery drivers accusing Amazon of misclassifying them as independent contractors urged a Washington federal judge not to grant the e-commerce giant's bid to toss the eight-year-old suit, saying their claims are solid enough for this stage of the litigation to continue.

  • July 22, 2024

    Mexican Restaurants To Pay $137K For Wage Violations

    Three Mexican restaurant locations in Massachusetts, New Hampshire and Vermont will pay $137,000 in back wages, damages and fines for denying 126 workers their full tips and wages, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Canada Dry Agrees To Settle OT Dispute For $1M

    Canada Dry has agreed to shell out $1 million to put to rest a Fair Labor Standards Act suit in Pennsylvania federal court claiming it miscalculated workers' overtime pay.

  • July 22, 2024

    Rising Star: Filippatos' Tanvir H. Rahman

    Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 22, 2024

    Ga. Child Therapists Say Employer Cheated Them Out Of Pay

    A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.

  • July 22, 2024

    OT Rule Case Is Key Test In Post-Chevron World

    A suit challenging the U.S. Department of Labor's authority to regulate salary thresholds for overtime exemptions serves as an important test case for how courts will assess the contours of agency rulemaking power because of the salary requirements' particular history, attorneys say. 

  • July 19, 2024

    Business Groups Want DOL OT Rule Tossed

    A slew of business groups urged a Texas federal court to halt on a nationwide basis the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, arguing they raise identical arguments the court already sided with.

  • July 19, 2024

    FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

    Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.

  • July 19, 2024

    9th Circ. Says Fueling Planes Is Arbitration-Exempt Work

    The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.

  • July 19, 2024

    Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

    Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

  • July 19, 2024

    NJ Says 3rd Circ. Ruling Backs State Temp Worker Law

    The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.

  • July 19, 2024

    $15M Kraft Heinz Wage Deal Nabs Initial OK

    A Wisconsin federal court granted preliminary approval to a $15 million deal resolving claims that Kraft Heinz Foods Co. failed to pay employees for all hours worked and include certain compensation when calculating overtime, finding the deal fair and reasonable.

  • July 19, 2024

    Calif. Forecast: $5M Nurses Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5 million deal to end a class action against a nurse staffing agency. Here's a look at that case and other labor and employment matters coming up in California.

  • July 19, 2024

    Rising Star: Jackson Lewis' Douglas J. Klein

    Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    Property Management Group Pays $304K For OT Violations

    A Florida property management group paid nearly $304,000 in back wages, damages and fines for denying 92 workers overtime pay, the U.S. Department of Labor announced.

  • July 19, 2024

    Coffee Chain Owes OT, Brewer Says

    Production workers for a coffee chain haven't been getting paid for the time it takes them to put on and take off protective equipment, cheating them out of overtime wages, a brewer claimed in a proposed collective and class action filed in Pennsylvania federal court.

  • July 19, 2024

    NY Forecast: NLRB Injunction Bid Against Starbucks Resumes

    A status conference is scheduled this week in the National Labor Relations Board's recently revived suit seeking an injunction barring Starbucks from violating federal labor law at stores across the country.

  • July 19, 2024

    W&H Litigation Refined Arbitration Law In First Half Of 2024

    The first half of 2024 brought rapid-fire developments in arbitration law thanks to wage and hour cases on misclassification and unpaid wages, underscoring how the contours of the Federal Arbitration Act's Section 1 exemption will continue to be sliced and diced through employment litigation.

  • July 18, 2024

    Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling

    A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Mass. ABC Test Turns 20 As Contractor Debate Evolves

    A three-prong test for determining independent contractor status in Massachusetts continues to be central to litigation two decades after its current form took effect, and attorneys expect it will remain so as the gig economy expands.

  • July 18, 2024

    Famous Dave's Attys Can't Score Extra Fees In $1M Tip Deal

    Attorneys representing workers for Famous Dave's can't get additional fees from funds left over from a settlement resolving claims that the restaurant chain violated tip regulations, a Maryland federal judge ruled Thursday, saying the workers' counsel have already received enough money.

  • July 18, 2024

    FordHarrison Taps Wage-Hour Leader To Helm LA Shop

    FordHarrison LLP named the leader of its wage and hour practice to take over as managing partner in the firm's Los Angeles office, turning to an attorney who started at the firm over a decade ago as an associate.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • 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.