Wage & Hour

  • July 16, 2024

    Iowa Tire Shop Pays $34K For Miscalculating OT

    A tire shop in Iowa paid nearly $34,000 in back wages and damages for miscalculating the overtime rates of 11 workers, the U.S. Department of Labor announced.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    NYC To Pay $6.2M To End Rikers Officers' OT Suit

    New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

  • July 16, 2024

    Paid Breaks For Heat Safety May Spark Overtime Requirement

    Paid time for heat breaks that employers must provide under a proposed federal worker safety standard may count toward the 40-hour threshold at which a worker is entitled to overtime, attorneys told Law360.

  • July 15, 2024

    Judge Says Attys Must Hash Out Conflict In Twitter Row

    A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.

  • July 15, 2024

    EMS Workers Want Early Win In OT Gap Dispute

    A class and collective of emergency medical services workers asked a North Carolina federal court for summary judgment in their overtime suit against a county, arguing basic math proves employees were underpaid in violation of an ordinance.

  • July 15, 2024

    JPMorgan Chase Workers Had To Eat At Desks, Suit Says

    Chase Bank encouraged workers to perform off-the-clock work but failed to pay them accordingly, while also giving them so much work that they were forced to take their meals at their desks, a former employee said in a suit in California state court.

  • July 15, 2024

    HVAC Co. To Pay Workers $850K to End Wage Class Deal

    An HVAC company has agreed to pay $850,000 to settle an ex-technician's proposed class action alleging meal break and wage violations, according to a bid for preliminary approval filed in Washington state court.

  • July 15, 2024

    Denver Can't Enforce State Wage And Hour Law, Cos. Say

    A worker-finding platform and a staffing company said the City of Denver and its auditor office don't have the authority to investigate wage and hour violations, telling a Colorado federal court that their overreach could lead to hefty penalties.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    Seyfarth Adds 5-Atty Labor Team From Hunton In Calif., Texas

    Seyfarth Shaw LLP announced Monday that it has brought on a five-member team of labor and employment lawyers who previously practiced with Hunton Andrews Kurth LLP.

  • July 15, 2024

    Mich. School Staffing Co., Ex-Worker Settle OT Suit

    A Michigan school staffing firm has agreed to pay employees double their overtime rate to settle a lawsuit alleging the company denied workers overtime wages, according to a filing Monday, resolving a proposed collective and class action lawsuit that an ex-security guard and support worker filed earlier this year.

  • July 15, 2024

    Renewable Energy Co. Owes $239K For OT Violations

    A renewable energy company in Puerto Rico owes nearly $239,000 for denying more than 1,000 solar panel and system installers their full overtime pay, the U.S. Department of Labor announced Monday.

  • July 15, 2024

    Amazon Tells Wash. Court It Rightfully Filed Arbitration Bids

    Amazon properly moved to arbitrate in districts where drivers accusing the e-commerce giant of misclassifying them as independent contractors agreed to arbitrate their claims, the company told a Washington federal judge, urging the court to deny the workers' request for an injunction.

  • July 15, 2024

    Customer Support Co., DOL Ink $3M Deal In Wage Suit

    A customer support services company agreed to pay out $3 million to end a U.S. Department of Labor suit in Florida federal court claiming it misclassified thousands of workers as independent contractors.

  • July 15, 2024

    Wis. Senior Care Co., DOL Reach $30K Deal To End Wage Suit

    A senior living center in Wisconsin will pay $30,000 to end a U.S. Department of Labor suit alleging it denied workers their full wages, according to court documents.

  • July 15, 2024

    7 Wage-Hour Cases To Watch In 2024

    Several legal fights that will dominate the rest of 2024 are variations on the debate around who has the power to make and change laws and who is considered an employee, with the cases challenging the breadth of the U.S. Department of Labor's rulemaking authority in the spotlight. Here, Law360 looks at seven cases to watch in the year's latter half.

  • July 15, 2024

    Wage Cases To Follow As Justices Rein In Agencies

    A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Chevron Irrelevant To Tipped Worker Rule, DOL Tells 5th Circ.

    The U.S. Department of Labor told the Fifth Circuit that it need not consider the U.S. Supreme Court's recent decision scrapping Chevron deference in a lawsuit restaurant groups filed combating a rule affecting tipped workers, saying it has no impact on the case.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Expect NCAA To Dig In Heels On Employee Status After Ruling

    Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.

Expert Analysis

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.