Wage & Hour

  • August 30, 2024

    Calif. Forecast: $5M Walmart COVID Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5.2 million deal in a wage and hour class action against Walmart alleging the retail giant failed to pay for time workers spent in COVID-19 health screenings. Here's a look at that case and other labor and employment matters coming up in California.

  • August 30, 2024

    State & City Roundup: Wage And Hour News To Watch

    This fall Alabama is set to increase penalties for child labor violations, and Maryland will expand its pay transparency requirements. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.

  • August 30, 2024

    7th Circ. Will Look At 2-Step Cert. In Eli Lilly Age Bias Suit

    The Seventh Circuit said it would take up a midsuit appeal from Eli Lilly challenging a lower court's ruling granting collective certification to a sales representative in her age discrimination lawsuit, backpedaling from an order in July that declined to take up the dispute because of its incomplete record.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

  • August 30, 2024

    3 Tips For Navigating Tip Credit Rule's Demise

    With the Fifth Circuit striking down a federal rule on tipped wages, restaurants may be ready to rejoice, but attorneys say employers still need to check whether their state and local laws impose strict obligations and should retrain staff on servers' duties. Here, Law30 looks at three recommendations from industry attorneys as restaurants face new terrain when it comes to workers and tips.

  • August 30, 2024

    Campbell Cheats Distributors Out Of Benefits, Suit Says

    Campbell Soup Co. incorrectly classified distributors as independent contractors, causing them to lose out on certain employee benefits such as overtime wages, while stripping them of their promised authority, a proposed class action filed in New York federal court said.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."

  • August 29, 2024

    Airline Ducks Liquidated Damages In Military Leave Suit

    A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.

  • August 29, 2024

    Ga. School District Settles Wage Docking Suit With Bus Driver

    A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.

  • August 29, 2024

    5th Circ. Rules That Welding Inspector Isn't An Employee

    The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.

  • August 29, 2024

    9th Circ. Won't Rethink Arbitration Denial In Fuel Pumper Suit

    The Ninth Circuit refused Thursday to grant two aviation companies' request for a full-court rehearing in their challenge to an order that declined to send an airplane fuel pumper's lawsuit over unpaid wages to arbitration, leaving in place its July ruling that the case must be litigated in court.

  • August 29, 2024

    FTC Wants Kroger's Constitution Suit To Follow Merger Case

    The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.

  • August 29, 2024

    Pa. Residential Homes Operator Pays $327K After DOL Probe

    An operator of residential homes in Pennsylvania paid nearly $327,000 in back wages and damages for stiffing 504 workers on their full overtime wages, the U.S. Department of Labor announced Thursday.

  • August 29, 2024

    9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row

    The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.

  • August 29, 2024

    DOL Looks To Defeat Marketer's OT Salary Rule Challenge

    The U.S. Department of Labor has the authority to consider factors aside from job duties when determining which workers should earn overtime, the department argued as it urged a Texas federal court to end a marketing firm's suit alleging the agency overstepped by raising the salary thresholds for considering employees overtime-exempt.

  • August 28, 2024

    Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In

    A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.

  • August 28, 2024

    Nurse Staffing Firm Gets Final OK On $5M Wage Settlement

    A California federal judge has given the final sign-off to a $5 million deal ending claims that a nurse staffing firm failed to pay workers for the time they spent undergoing COVID-19 screenings and putting on and taking off personal protective equipment, according to court papers.

  • August 28, 2024

    4 Tips For Complying With NY Freelancer Law

    As New York's Freelance Isn't Free Act takes effect, employers in the Empire State should think broadly about who is a freelance worker and prepare for stiff penalties if disputes arise, attorneys said. Here, Law360 offers tips for complying with the new law.

  • August 28, 2024

    Conn. Investment Firm Withheld Pay, Commissions, Suit Says

    Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.  

  • August 28, 2024

    Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit

    A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.

  • August 28, 2024

    Kaufman Dolowich Hires Longtime Employment Atty In LA

    Kaufman Dolowich has hired a labor and employment attorney as a partner in its Los Angeles office who has been practicing with a firm he helped launch in 2009 for over 14 years, his new firm announced Wednesday.

  • August 28, 2024

    Texas Restaurants Pay $198K For Tip, Wage Violations

    Two restaurants in the Dallas area paid nearly $198,000 for denying workers their full tips and wages, the U.S. Department of Labor announced Wednesday.

  • August 28, 2024

    Worker Lowers Fee Request In 3rd Bid For OT Deal Approval

    A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.

  • August 27, 2024

    Taco Bell Franchisee Will Pay $2M To End Job-Posting Suits

    A Taco Bell franchisee, Sharp Electronics and DoorDash are among the latest employers to reach class deals in Washington state court to end job seekers' allegations they failed to include salary or wage ranges in job postings, in violation of Evergreen State pay transparency laws.

  • August 27, 2024

    Insurance Co. Can't Arbitrate Sales Agents' Unpaid OT Claims

    An insurance company declined to send to arbitration a proposed collective action accusing it of failing to fully compensate sales agents for their overtime hours, saying the relevant document controlling the terms of these workers' employment doesn't include an arbitration clause.

Expert Analysis

  • 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

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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.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.