Wage & Hour

  • September 13, 2024

    4 UK Employment Law Developments To Watch In 2024

    A bill expected to bring in new rights for workers and unions is the main event in U.K. employment law in what's left of 2024 — but lawyers say that an upcoming law change on sexual harassment and major disputes could also shape employers' practices. Here, Law360 looks at what to keep an eye on for the rest of 2024.

  • September 13, 2024

    Ex-Fla. Law Prof's Retaliation Suit Moved North To Tallahassee

    A central Florida federal judge has transferred a retaliation and breach of contract case brought by a former law professor at Florida A&M University College of Law to another Florida federal district court, finding that the dispute's ties to the Tallahassee area overcame arguments for keeping the case in Orlando.

  • September 12, 2024

    Southwest Leave Penalty Suit Cleared For Class Treatment

    A California judge gave her blessing Thursday to a class action accusing Southwest Airlines Co. of penalizing flight attendants who take family or medical leave, letting the suit move ahead on behalf of thousands of workers.

  • September 12, 2024

    DOL Has Authority To Issue Salary Regs, 5th Circ. Affirms

    The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.

  • September 12, 2024

    9th Circ. Sends Salary Basis Case Back To Lower Court

    San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings.

  • September 12, 2024

    King & Spalding Adds Former Kirkland Partner In Atlanta

    King & Spalding LLP said Thursday the firm had bolstered its ranks in Atlanta by bringing on a lawyer from Kirkland & Ellis LLP who specializes in the executive compensation and employee benefits aspects of corporate transactions.

  • September 12, 2024

    Ex-Bojangles Workers Get OT Collective Cert, But Just In NC

    A North Carolina federal judge has ruled that former assistant Bojangles managers claiming they were wrongfully denied overtime pay have shown they are similarly situated, but that they haven't justified certification of a Fair Labor Standards Act collective action with a geographic scope beyond the Tar Heel State.

  • September 12, 2024

    Medline Can't Force Arbitration In Transportation Wage Suit

    Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    Uber, Postmates Ask Justices To Address AB 5 Classifications

    Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.

  • September 11, 2024

    2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win

    The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.

  • September 11, 2024

    Nurse Says Hospital Rounding Policy Stole Her Wages

    A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.

  • September 11, 2024

    Education Tech Co. Settles EEOC Pay Bias Probe

    Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.

  • September 11, 2024

    Constangy Brings On More Jackson Lewis Attys In San Diego

    Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer. 

  • September 10, 2024

    Call Center Worker Says She Was Stiffed Boot-Up Time Pay

    A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.

  • September 10, 2024

    Texas Farm Bureau Beats OT Claims In Jury Trial

    Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.

  • September 10, 2024

    Retention Bonus Not Wages Under Mass. Law, Court Finds

    A retention bonus does not count as wages under Massachusetts' wage laws because it is a form of "contingent compensation," a state appellate division court ruled.

  • September 10, 2024

    Ex-Michigan Football Stars Hit NCAA With $50M NIL Suit

    A group of former University of Michigan football players are seeking more than $50 million in damages through a proposed class action filed Tuesday that alleges a decades-long scheme by the NCAA and Big Ten Network to unlawfully exploit athlete names, images and likenesses for commercial gain.

  • September 10, 2024

    Bolt Drivers Gear Up For Group Claim Over Workers' Rights

    More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.

  • September 09, 2024

    Abbott Says Illinois OT Suit Should Join Similar Case In Ohio

    Abbott Laboratories asked an Illinois federal judge Friday to send two workers' dispute over unpaid sanitary gear changes and hand washings to Ohio where a similar suit is pending, arguing that the move would promote consistent judgments across the "nearly identical" claims.

  • September 09, 2024

    Owner Of Mass., NH Eateries Cops To $2M Tax Fraud

    The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.

  • September 09, 2024

    Hospital Operator Can't Disband Nurses' Meal Break Collective

    A Louisiana federal judge refused to dissolve a collective of nurses in a suit accusing a hospital operator of failing to pay them for meal breaks they could not take due to constant interruptions, saying the company's request is improper at this stage in the litigation.

  • September 09, 2024

    Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math

    Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.

  • September 09, 2024

    Akin Gump Employment Ace Joins Bracewell In Houston

    Bracewell LLP has strengthened its Houston office with the addition of a former Akin Gump Strauss Hauer & Feld LLP partner who helped guide Olin Corp. in successfully asking a Texas federal judge to vacate an arbitration award in June in an employment dispute.

  • September 09, 2024

    Squire Patton Litigator Jumps To Fox Rothschild In Atlanta

    Fox Rothschild LLP has added a former Squire Patton Boggs LLP partner who helped UPS defeat a former supervisor's sexual harassment, discrimination and retaliation suit, strengthening its Atlanta office with a labor and employment litigator.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • 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.