Wage & Hour

  • September 25, 2023

    1 Waiter's Testimony Enough For Collective Cert. In Wage Suit

    An ex-waiter for a restaurant in New York City's Central Park may proceed with his wage action as the head of a worker collective, as a New York federal judge ruled Monday that his testimony was sufficient to establish that other workers were similarly treated.

  • September 25, 2023

    Employee Rights Groups Back Worker's FMLA Fight

    A federal court relied on a defense the Family Medical Leave Act doesn't contemplate when it ruled a gas company had an honest belief a worker misused medical leave when it fired him, three groups told the Fourth Circuit on Monday.

  • September 25, 2023

    NJ Health Care Co. Owes Ex-Execs Unpaid Wages, Court Told

    Four former executives accused a New Jersey-based health consulting company of breaching its employment contracts with them, telling a New Jersey state court they are each owed tens of thousands of dollars in unpaid wages and benefits.

  • September 25, 2023

    Mail Carriers Eye Salary Adjustments After 'Egregious' Glitch

    Mail carriers who were impacted by a payroll system glitch last month are expected to get their salary adjustments by Friday, as some Democratic lawmakers are seeking additional assurances from the postmaster general.

  • September 25, 2023

    Named Plaintiff Drops Out Of Domino's Driver Wage Disptue

    A worker who filed a proposed collective action against Domino's Pizza agreed to arbitrate and dismiss her individual claims that workers were not reimbursed for work-related expenses, leading a Michigan federal judge on Monday to order the parties to find a new representative or risk the entire case's dismissal.

  • September 25, 2023

    Ex-Instacart Employment Counsel Rejoins Littler In DC

    An attorney who left Littler Mendelson PC to join the grocery store delivery service Instacart as an employment counsel has rejoined the firm in Washington, D.C., the firm announced Monday.

  • September 25, 2023

    Medical Manufacturing Co. Hit With Pay-To-Shift OT Suit

    A medical and dental product manufacturing company has not been paying welders for preparatory work they perform after clocking in but before the start of their scheduled shifts in violation of federal and Ohio state wage laws, a former welder alleged in Ohio federal court.

  • September 22, 2023

    9th Circ. Revives Hyatt Workers' Suit Over COVID-19 Layoffs

    The Ninth Circuit on Friday held that Hyatt Corp. was indeed required to immediately pay its employees their accrued vacation pay when it laid them off during the COVID-19 pandemic, partly resurrecting a proposed class action brought by former Hyatt employees in California.

  • September 22, 2023

    Equinox Gets Nod On $36M Deal In Calif. Meal Break Suit

    An Alameda County Superior Court judge indicated he'll give final approval to a $36 million global settlement against Equinox, resolving California state and federal actions alleging the company compelled over 15,000 employees to perform pre-shift work without pay and to skip meal breaks.

  • September 22, 2023

    Telemarketing Co. Stiffs Employees On OT Wages, Suit Says

    A telemarketing firm required a pair of call center workers to put in significant pre-, mid- and post-shift work without pay in violation of the Fair Labor Standards Act and Illinois state law, according to a proposed class and collective action filed Friday in New Jersey federal court.

  • September 22, 2023

    NYC Cops' $8.7M Deal With TD Bank Gets Initial OK

    A New York federal judge on Friday gave the first green light to an $8.7 million settlement between New York Police Department officers and TD Bank to resolve claims that the bank stiffed the officers for security work performed during their off-duty hours.

  • September 22, 2023

    FTC, DOL To Collaborate On Enforcement Actions

    The U.S. Department of Labor and the Federal Trade Commission have jointly pledged to share information about potential labor and competition law violations and collaborate on efforts to combat anti-competitive and anti-worker business practices.

  • September 22, 2023

    Towing Co. Hit With Sanctions In Ex-Worker's Wage Suit

    A former worker won his third attempt at sanctioning the towing company he accused of cheating him out of minimum wage and overtime, after a New York federal judge said the company repeatedly failed to turn over timesheets and payroll records.

  • September 22, 2023

    Chevron Doctrine Supporters Flock To High Court In Key Case

    Health groups, scientists, a labor federation, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.

  • September 22, 2023

    Golf Course Wants Caddies' Wage Suit Driven Out Of Court

    The operators of a New York golf course urged a federal court to toss caddies' claims for unpaid minimum wages under the Fair Labor Standards Act, arguing that caddies are not employees and that they earned well over the federal minimum via tips from golfers.

  • September 22, 2023

    DOL Says Staffing Co. Owes $181K For Misclassifying Nurses

    A medical staffing company owes about $181,000 for misclassifying 70 nurses as independent contractors and denying them overtime pay, the U.S. Department of Labor said in a complaint filed in Michigan federal court Friday. 

  • September 22, 2023

    Saltz Mongeluzzi Seeks $125K In Fees From Post-Hack OT Suit

    Attorneys from Saltz Mongeluzzi & Bendesky PC are seeking more than $125,000 in fees and expenses for more than 150 hours of representation for a class of rehab facility workers who claimed they were underpaid for overtime when their company's timekeeping system was hacked.

  • September 22, 2023

    'Woeful' Puerto Rico Dispute Fit For Congress, Judge Says

    A First Circuit judge said Thursday that Puerto Rico's concerns about the "democratically abhorrent" situation created by the fiscal oversight board's control of the territory's lawmaking abilities is a matter for Congress, not the courts.

  • September 22, 2023

    Deal In Bloomberg OT Suit Passes Muster, Worker Tells Court

    A former Bloomberg LP human resources employee told a New York federal court that the more than $11,000 deal she is expected to receive from the company to settle her overtime suit matches the percentage of recovery of other settlements already approved.

  • September 22, 2023

    NY Forecast: NY Judge Hears Hospital's Bid To Toss Bias Suit

    A New York federal judge is scheduled to hear arguments Tuesday in a hospital's attempt to toss a former resident's lawsuit claiming the hospital discriminated against him based on his ADHD diagnosis, culminating in his firing. Here, Law360 explores this and other major labor and employment cases on the docket in New York.

  • September 22, 2023

    CBD Cos. Want Supreme Court Review Of RICO Decision

    Two CBD companies say they plan to appeal a Second Circuit decision to revive a racketeering suit from a commercial truck driver who alleged he lost his job after consuming products containing detectable amounts of THC.

  • September 22, 2023

    Calif. Forecast: Delta Flight Attendants Seek Class Cert.

    In the coming week, attorneys should keep an eye out for a potential ruling on whether flight attendants in a long-running wage case against Delta Air Lines Inc. can proceed as a class, and whether Delta can add a counterclaim. Here's a look at that case and other labor and employment matters on deck in California.

  • September 21, 2023

    Employer Can't Get Atty Fees Despite Partial Win In Wage Suit

    An employer that partially defeated an ex-employee's wage dispute may not compel the worker to pay its attorney fees, a California appeals court ruled, saying the employer could only seek recovery of fees related to time spent assembling proof of its lack of liability.

  • September 21, 2023

    Calif. Panel Says Shipbuilder Can't Arbitrate Wage Claims

    A nonunionized worker's suit claiming he wasn't paid for time spent putting on and taking off gear should remain in court, a California state appeals court ruled, denying a shipbuilding company's request to make the worker arbitrate his proposed class claims.

  • September 21, 2023

    Frito-Lay, Worker Settle Wage Suit Over Ransomware Attack

    A Frito-Lay employee has settled his lawsuit claiming his pay was affected by a ransomware attack on the company's timekeeping system, according to a joint notice of settlement filed in Arkansas federal court Thursday.

Expert Analysis

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • 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.