Wage & Hour

  • July 18, 2024

    Dems Want DOL Child Labor Probe In Youth Work Programs

    Democratic members of the House Education and Workforce Committee called on the U.S. Department of Labor on Thursday to investigate potential risks of child labor violations in agency-approved youth work programs after recent infractions.

  • July 18, 2024

    Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told

    A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.

  • July 18, 2024

    TGI Friday's Server Inks $65K Deal In Minimum Wage Dispute

    A TGI Friday's franchise in Ohio agreed to pay $65,000 to end a worker's suit alleging it paid subminimum wages, according to court papers.

  • July 18, 2024

    Urgent Care Nurses Snag Collective Cert. In Wage Suit

    Nurses claiming an urgent care chain owes them wages can move forward as a collective in their suit, an Illinois federal judge ruled, saying the worker who lodged the suit showed she was similarly situated as her colleagues.

  • July 18, 2024

    Warner Bros. Hit With PAGA Suit By Background Actor

    Warner Bros. has not been paying background actors all their wages owed by failing to incorporate incentive payments into overtime calculations and requiring them to work through breaks unpaid, according to a Private Attorneys General Act suit filed in California state court.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    Trimmed Geico Wage Suit Stays In Federal Court

    A wage and hour class action against Geico belongs in federal court, a California federal judge ruled Wednesday, saying the insurance company estimated the first claim alone is valued at over $5 million, but also cut all but two of the allegations from the lawsuit, citing vague, murky evidence.

  • July 17, 2024

    Aviation Co. Didn't Waive Arbitration In Wage Suit

    An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.

  • July 17, 2024

    Charter School, Worker Can't Get OK For OT, Retaliation Deal

    A Florida federal judge denied a deal to end a suit alleging a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, citing a lack of information regarding attorney fees and an overbroad release of claims, according to court papers filed Wednesday. 

  • July 17, 2024

    Airport Ramp Agent's Wage Suit Stays In Federal Court

    An airport ramp agent's wage and hour suit against an aviation service company can't return to state court, a California federal judge ruled, saying the company's calculations of the unpaid wages and damages at issue far exceed the $5 million threshold required to keep a lawsuit in federal court.

  • July 17, 2024

    9th Circ. Shows Call Center Boot-Up Time Remains In Dispute

    A recent Ninth Circuit decision to send a wage and hour collective action by call center workers back to a lower court demonstrates how courts continue to grapple with ruling on claims for brief amounts of time. Here, Law360 explores the issue.

  • July 17, 2024

    Burlington Assistant Managers Seek OK Of $5.2M OT Deal

    A collective of over 800 Burlington Coat Factory assistant store managers asked a New Jersey federal judge to sign off on a $5.2 million settlement ending their unpaid overtime claims, over a year after the court shot down a proposed $11 million deal, according to court records.

  • July 17, 2024

    Drivers, Co. Need Extra Details To Mull Arbitration Carveout

    A California federal judge told a transportation worker and the at-home respiratory care provider he sued for unpaid wages to file additional documents before deciding whether arbitration is necessary, saying it is not clear whether the worker engaged in interstate commerce.

  • July 17, 2024

    Fiat Chrysler, Workers To Mediate OT Dispute

    A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.

  • July 16, 2024

    FTC's In-House Kroger Case Delayed Until After Fed Suit

    Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.

  • July 16, 2024

    JB Hunt To Pay $4.2M To End Wash. Pay Range Suit

    J.B. Hunt Transport will fork over $4.2 million to a class of 2,200 job applicants to settle a lawsuit accusing the freight company of failing to include salary ranges in job postings and violating Washington state law, according to a court order tentatively approving the deal.

  • July 16, 2024

    5th Circ. Preserves Class Cert. In Fringe Benefits Fee Fight

    The Fifth Circuit affirmed a district court's decision to certify a mega class of more than 290,000 workers in a suit against several benefits administration companies alleging mismanagement of their non-union fringe benefits, but found the action should proceed as opt-out and not mandatory class action.

  • July 16, 2024

    Delta's $16M Pay Stub Deal Scores Initial OK

    A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.

  • July 16, 2024

    Fired Pizza Worker's Retaliation Suit Headed For Trial

    A Kentucky federal court denied a restaurant's request for a win in a lawsuit the U.S. Department of Labor brought accusing the restaurant's co-owner of retaliating against a worker with concerns that she was not being paid correctly, saying a jury should parse the parties' differing versions of events.

  • July 16, 2024

    Minn. Home Care Co., DOL Ink 135K Deal In OT Suit

    A Minneapolis home healthcare company will pay $135,000 to halt a U.S. Department of Labor suit alleging it failed to pay workers overtime rates after a federal judge signed off on a deal Tuesday.

  • July 16, 2024

    Dairy Queen Franchisee Says Chevron Ruling Solves OT Fight

    A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception. 

  • July 16, 2024

    Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

    The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.

  • July 16, 2024

    Va. Transportation Co. Pays $170K For OT Violations

    A transportation company in Virginia paid more than $170,000 in back wages for denying 60 workers overtime pay, the U.S. Department of Labor announced Tuesday.

  • July 16, 2024

    Chicken Farm Wants Misclassification Suit Tossed

    Growers claiming that a chicken farm misclassified them as independent contractors wouldn't be entitled to overtime even if they were employees, the farm told a South Carolina federal court, saying they fall under a federal agricultural exemption.

  • July 16, 2024

    NYPD Says Dog Handlers' Suit Fails Again

    The New York City Police Department urged a federal court to throw out a suit brought by 10 dog handlers accusing the department of failing to pay them overtime for time they spent caring for their dogs outside of work, calling their amended complaint too vague.

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.