Wage & Hour

  • May 13, 2021

    Ex-Jones Day Pair Shed Light On Associate Role In Bias Suit

    A former Jones Day lawyer has bolstered her and her husband's discrimination lawsuit against the powerhouse firm with details about life and pay as associates there, information a D.C. federal judge said she needed to provide in order to properly evaluate her wage bias claim.

  • May 13, 2021

    Lyft Driver Eyes Quick DC Circuit Appeal In Sick Leave Fight

    A Lyft driver suing for sick leave benefits during the COVID-19 pandemic sought permission Thursday to pursue a fast-tracked D.C. Circuit appeal of a recent ruling that determined rideshare and ride-hail drivers are not workers engaged in interstate commerce who would otherwise be exempt from arbitration.

  • May 13, 2021

    Cargo Transportation Co. Wants Out Of Worker's OT Suit

    A cargo ground transportation company should be allowed to escape a proposed collective action claiming it improperly denied workers overtime pay because of a carveout to federal overtime requirements for certain motor carriers, the company argued in an Alabama federal court filing.

  • May 13, 2021

    Mass. Senate Budget Seeks Child Credit, SALT Cap Workaround

    Massachusetts would establish an optional entity-level tax for pass-through businesses and establish a refundable tax credit for child caregiver costs under the budget for fiscal year 2022 put forward by the state Senate.

  • May 13, 2021

    5 Federal Wage And Hour Bills To Watch

    Lawmakers on Capitol Hill are weighing wage and hour legislation that could drastically alter the employer and employee relationship, like raising the federal minimum wage and imposing new pay equity requirements on employers. Here, Law360 looks at five bills attorneys should know about.

  • May 13, 2021

    Petroleum Group Says Highly Paid Rig Worker Is OT Exempt

    The Independent Petroleum Association of America urged the Fifth Circuit to rule that a highly paid rig worker is not entitled to overtime, arguing that the industry's economic vitality hinges on day rate workers remaining exempt.

  • May 13, 2021

    2 More Boston Cops To Plead Guilty In No-Work OT Case

    Two more Boston police officers accused of embezzling city funds through no-work overtime shifts at the department's evidence warehouse agreed to plead guilty in the federal case, according to Thursday court filings.

  • May 13, 2021

    Call Center Workers Are Employees, DOL Tells 9th Circ.

    The U.S. Department of Labor urged the Ninth Circuit to uphold a Nevada federal court ruling that a telemarketing business misclassified call center workers as independent contractors and owed nearly $1.5 million in damages, in a case the government has flagged as "significant."

  • May 13, 2021

    Workers For Lender Want $3.9M Deal To End OT Wages Suit

    A Kansas federal judge should approve a $3.9 million settlement between Mortgage Lenders of America LLC and a collective of loan officers and team leads to resolve claims that the company failed to properly pay overtime, the workers urged in a filing.

  • May 13, 2021

    4 Tips For Handling Leave Requests In The COVID-19 Era

    While the rise in vaccination rates and the decline in infections in the U.S. may give businesses an optimistic outlook on returning operations to normal, experts say workers still struggle to manage the COVID-19 crisis and continued requests for virus-related leave should be expected. Here are four tips to make sure employers manage workers' needs fairly.

  • May 12, 2021

    AT&T Beats Call Center Worker's 'Identical' Overtime Suit

    A Texas federal judge on Tuesday tossed a former call center employee's suit alleging that AT&T Services Inc. violated federal labor law when it didn't pay him for overtime, saying the claim is "virtually identical" to the employee's previous suit.

  • May 12, 2021

    Private Eyes Want $1.2M Deal OK'd In OT Wages Suit

    Private investigators asked a New York federal magistrate judge to give his initial nod Wednesday to a $1.2 million settlement ending a proposed class action accusing the private investigation firm CoventBridge of stiffing them on overtime wages and travel time pay.

  • May 12, 2021

    Wawa Gets Employee Pay Claims Trimmed In Data Breach Suit

    Convenience store chain Wawa Inc. can't duck employees' claims that their payment and personal information were stolen in a data breach, but claims the company also shorted them on overtime and made them work off-the-clock were tossed by a Pennsylvania federal judge Wednesday.

  • May 12, 2021

    Calif. Court Mostly Denies Bid For Tesla Plant Worker Data

    A Tesla contractor has mostly escaped whistleblowers' demands for visa records identifying allegedly trafficked migrant workers, after a California federal judge ruled that the company wasn't required to turn over everything in its possession under a settlement agreement.

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 12, 2021

    Geico Accused Of Pressuring Workers Out Of Claiming OT

    Insurance giant Geico was hit with a proposed collective and class action in Pennsylvania federal court Wednesday by a longtime employee who claims she and other regional claims adjusters are routinely overworked and underpaid.

  • May 12, 2021

    2nd Circ. Tells FLSA Plaintiffs To 'Put Up The Goods'

    A new Second Circuit precedent outlining the standard for claiming an employer willfully violated the Fair Labor Standards Act will help ensure that litigation proceeds only when there is a plausible allegation, attorneys who represent employers told Law360.

  • May 12, 2021

    Calif. Firefighters Secure $100K OT Settlement On 2nd Try

    A Golden State fire district agreed to pay $100,000 to settle a collective action claiming it cheated firefighters out of their full overtime wages by miscalculating their regular rate of pay, according to an order filed in California federal court.

  • May 12, 2021

    Tenn. Titans Accused Of Sacking Worker On COVID Leave

    The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19.

  • May 12, 2021

    Calif. Assisted Living Co. Cheated Workers On Pay, DOL Says

    A California assisted living company must pay $159,000 for shorting workers on overtime and other compensation by making them train on days off and work through breaks without pay and charging them for meals and lodging they did not receive, the U.S. Department of Labor announced.

  • May 12, 2021

    Mass. Grocers Hit With Almost $1M In Citations Over Wages

    Three locations of a grocery store chain and their owners are facing citations totaling almost $1 million in restitution and penalties for wage theft and other violations impacting more than 150 employees, the Massachusetts attorney general said in a statement.

  • May 11, 2021

    Employers Lean Toward Hybrid, In-Person Work Plans

    More than half of businesses whose employees are able to work remotely expect to go forward with a hybrid plan in which workers spend some time in the office and some time working from home, according to a new survey from Littler Mendelson PC.

  • May 11, 2021

    Models Slam Agency's 'Hyperbolic' Bid To Trim Wage Suit

    A New York modeling agency can't escape a suit on the grounds that the claims are incompatible, a proposed class of models said, arguing that the firm's "hyperbolic" dismissal bid attempted to distract from the central wage issues.

  • May 11, 2021

    Instacart Settles Fired Worker's FMLA Suit

    Instacart has settled claims brought by a former employee that the grocery delivery company violated federal law by barring her and other employees from taking paid time off in conjunction with medical leave, the parties said Tuesday in a filing in Georgia federal court.

  • May 11, 2021

    Hindu Org. Accused Of 'Shocking' Labor Abuses At NJ Temple

    A Hindu organization was hit with a lawsuit on Tuesday by Indian nationals who claim that religious leaders forced them into manual labor at a New Jersey temple, resulting in one death and rendering the rest captive under threats of violence.

Expert Analysis

  • 4 Compliance Concerns For Multistate Remote Work Setups

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    As pandemic remote work arrangements prompt employees to relocate from their companies’ home states, employers should conduct state-specific analyses of wage, workers’ compensation, leave and discrimination laws to determine whether the advantages outweigh the daunting compliance obligations, say Celena Mayo and Laura Stutz at Wilson Elser.

  • Federal Minimum Wage Should Be Indexed For Local Markets

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    The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • How $15 Minimum Wage Order May Affect Gov't Contractors

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    Attorneys at Arnold & Porter examine the potential impacts of President Joe Biden’s minimum wage increase for federal government contractors and discuss whether contractors will be able to recover additional labor costs associated with the increase.

  • Employer Compliance Tips For Calif. Heat Recovery Breaks

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    As the weather warms up, California employers can reinforce worker safety and reduce class action risk by managing state requirements for breaks to prevent heat illness, which are significantly different from regulations for meal and rest breaks, says Michael Nader at Ogletree.

  • Defense Strategies For FMLA Litigation: Part 2

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    Key steps in responding to Family and Medical Leave Act complaints involve considering arguments that the employee was not entitled to benefits or was not prejudiced by the company’s FMLA violation, and carefully developing a discovery strategy, say attorneys at Jones Day.

  • Defense Strategies For FMLA Litigation: Part 1

    Excerpt from Practical Guidance
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    When it comes to responding to a complaint under the Family and Medical Leave Act, the first step is to identify the plaintiff's theory of liability and the second step is to begin investigating to determine the strengths or weaknesses of the case, say attorneys at Jones Day.

  • Averting Risk In Back-To-Work Vaccine And Screening Policies

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    Employers trying to get their employees back to the workplace should evaluate their existing COVID-19 vaccine and screening policies against evolving federal, state, and local laws and regulations, to address compensation, leave and anti-discrimination issues, say attorneys at Holland & Knight.

  • Employee Choice Is Better Alternative To Anti-Arbitration Bill

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    Instead of enacting the recently reintroduced federal Forced Arbitration Injustice Repeal Act and eliminating the use of predispute arbitration pacts — including for workplace conflicts — lawmakers should consider an approach that would allow employees to decide whether arbitration proceedings are public or private, say attorneys at Proskauer.

  • Key OFCCP Compliance Considerations Under Biden Admin.

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    With the Office of Federal Contract Compliance Programs expected to fulfill several affirmative action initiatives under the Biden administration, federal contractors should prepare for a new verification interface, review demographic statistics and conduct annual pay equity evaluations, say Joanna Colosimo and David Cohen at DCI Consulting.

  • NYC Fast Food Worker Protections May Portend 'At Will' Shift

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    Two new laws in New York City that eliminate fast food employers' discretion to discharge employees at will signify fundamental changes to the bedrock of U.S. employment law, and could foreshadow additional state and local restrictions on workforce management, say Harris Mufson and Julia Hollreiser at Proskauer.

  • The Limitations Of 5th Circ. FLSA Class Cert. Ruling

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    District courts in several circuits have declined to follow the Fifth Circuit’s recent decision abandoning the two-step class certification process for Fair Labor Standards Act cases in Swales v. KLLM Transport, demonstrating the ruling’s narrow impact, say Christine Webber and Stacy Cammarano at Cohen Milstein.

  • Title IX Compliance Hasn't Changed — Yet

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    Despite perceptions of the dismantling of Trump-era Title IX policy, President Joe Biden's recent executive order on the topic does not actually change the regulation and sheds very little light on exactly how the administration intends to alter the rules to fit its agenda, say Lauren Tompkins and Sarah Moore at Fisher Phillips.