Wage & Hour

  • August 21, 2024

    Cleaning Co., H-2B Workers Seek Final OK For Wage Deal

    A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.

  • August 21, 2024

    Colo. Landscaping Co. Pays $133K For OT Violations

    A landscaping and snow removal company in Colorado paid nearly $133,000 in back wages and damages for denying 56 workers overtime rates, the U.S. Department of Labor announced Tuesday.

  • August 21, 2024

    Government Contractor Escapes Workers' Exit Pay Suit

    A North Carolina federal judge on Wednesday tossed a lawsuit former workers lodged against a government contractor accusing it of illegally amending a policy to avoid providing employees with payouts when they left the company, saying the policy at issue is not governed by federal benefits law.

  • August 21, 2024

    Gov't Urges Justices To Apply Broader Proof In OT Carveouts

    Employers should support that their employees are overtime-exempt through the more stable and long-used preponderance-of-the-evidence standard, the government told the U.S. Supreme Court, saying that a stricter test goes against the court's precedent.

  • August 21, 2024

    Fast Food Operators Owe $350K For Child Labor Violations

    The operators of nine fast food restaurants in Arizona will pay $350,000 in fines to end a U.S. Department of Labor suit alleging they employed at least 428 children younger than 16 to work at times federal law does not permit, according to court papers.

  • August 21, 2024

    Insurance Co. Strikes Deal To End Adjusters' Unpaid OT Suit

    An insurance company reached a deal to resolve a collective action accusing it of classifying insurance adjusters as overtime-exempt despite their duties not meeting the definition of exempt work under federal law, a filing in Wisconsin federal court said.

  • August 20, 2024

    5 Wage Priorities In The Democrats' 2024 Platform

    The Democrats over the next four years plan to prioritize raising the federal minimum wage, establishing a national paid leave program, and addressing other wage and hour issues, according to their party platform. Here, Law360 explores wage elements of the Democratic agenda.

  • August 20, 2024

    Charter Must Face Trial In Workers' Vacation Payout Suit

    A California federal judge refused Tuesday to grant a win to Charter Communications in workers' class action alleging the company failed to pay out unused vacation time when it merged with Time Warner Cable, saying too many questions surround whether the workers were harmed by the practice.

  • August 20, 2024

    Mich. Pot Dispensary Chain Sued Over Seller Tip Theft Claims

    The owner of a chain of Michigan-based dispensaries, Stash Ventures, was hit with a proposed class action lawsuit, accusing management of stealing large portions of tips meant for retail workers.

  • August 20, 2024

    Chamber Urges Justices To Keep Broader Proof In OT Case

    The U.S. Chamber of Commerce told the U.S. Supreme Court that forcing employers to prove by clear and convincing evidence that their employees are overtime-exempt would shake up civil litigation, supporting an international food distributor's efforts for courts to stick to a broader standard.

  • August 20, 2024

    UFC Fighters' Wage Suit Headed To Trial In February

    A trial has been set for February in the class action brought by mixed martial arts fighters who accused Ultimate Fighting Championship of suppressing their wages, a move that comes after a Nevada federal judge rejected the parties' settlement agreement in March, Law360 learned Tuesday.

  • August 20, 2024

    Atlanta Immigration Firm, Paralegal Settle OT Suit

    An Atlanta immigration law firm has reached a settlement in a federal lawsuit from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working more than 40 hours per week, according to court papers filed Tuesday.

  • August 20, 2024

    Calif. Panel Won't OK 24/7 Wages For Roommate's Housework

    A California state appeals court declined to reinstate a woman's bid to be awarded wages for working round-the-clock for her elderly roommate, saying $96,000 that a lower court awarded her was adequate compensation because she wasn't expected to be on standby 24 hours a day.

  • August 20, 2024

    7th Circ. Clips Workers' Options For Nationwide Wage Suits

    The Seventh Circuit's ruling that bars out-of-state workers from joining a wage and hour collective action against a multistate employer is likely to lead to separate cases being filed in multiple states, attorneys told Law360.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 20, 2024

    Charter School, Worker Get Final OK Of Wage Deal On 2nd Try

    A Florida federal judge signed off on a $12,500 deal to end a suit alleging that a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, about a month after initially rejecting the deal.

  • August 20, 2024

    Luxury Gym, Owner Must Face Trainer's Sex Harassment Suit

    A New York federal judge refused to throw out a trainer's lawsuit alleging that a luxury gym failed to properly pay her and that its owner sexually harassed her, saying her entire case falls under an amendment to the Federal Arbitration Act mandating that sexual harassment claims remain in court.

  • August 19, 2024

    Military Reservist Tells High Court Top-Up Pay Law Is Broad

    A federal employee who was denied top-up pay while on active duty as a military reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.

  • August 19, 2024

    Kroger Flips Script, Challenges FTC's Constitutionality

    Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.

  • August 19, 2024

    Colo. Justices To Weigh On Minimum Wage Claims' Timing

    The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.

  • August 19, 2024

    Siemens Accused Of Violating Wash. Pay Transparency Law

    Siemens Corp. violated Washington wage disclosure law by failing to list the wage scale for a field service technician role, according to a proposed class action removed to federal court in Seattle.

  • August 19, 2024

    Workers For Auto Parts Co. Want Wage Suit Certified

    A group of workers for an automotive parts company pressed a North Carolina federal court to allow their wage shortfall claims to proceed as a collective, saying their case satisfies all the requirements for certification.

  • August 19, 2024

    NCAA Defends $2B NIL Deal Amid Growing Opposition

    The NCAA is pushing back against critics of its more than $2 billion proposed name, image and likeness settlement with college athletes, arguing the deal is the result of "intense and carefully structured negotiations" by competent class counsel, and detractors have baseless objections.

  • August 19, 2024

    ND Home Care Co. Pays $74K For Denying Workers OT

    A residential care company in North Dakota paid nearly $74,000 in back wages for denying workers overtime rates after incorrectly claiming an exemption in the state administrative code, the U.S. Department of Labor announced Monday.

Expert Analysis

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

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    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.