Wage & Hour

  • March 18, 2024

    Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.

    A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.

  • March 18, 2024

    Drivers Settle OT Suit Against DHL, Courier Service

    A group of drivers told a Utah federal court Monday they've settled their suit accusing DHL and its direct courier services of not paying overtime, saying they reached a deal in conjunction with a related suit in another district court.

  • March 18, 2024

    11th Circ. Says Carpenter Is Owed OT But Must Pay Damages

    The Eleventh Circuit upheld a jury decision finding that a cattle ranch denied a carpenter overtime because he was misclassified as an independent contractor and that the carpenter was responsible for the ranch's counterclaim that he falsely inflated the number of hours he worked.

  • March 18, 2024

    Justices Won't Review Detention Officers' Overtime Suit

    The U.S. Supreme Court said Monday that it won't weigh in on whether a Georgia sheriff acted as an employer and qualifies for immunity from an overtime suit brought by two detention officers, rejecting the officers' bid for review of an Eleventh Circuit decision tossing their case.

  • March 18, 2024

    Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment

    A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.

  • March 18, 2024

    4 Times Federal Courts Confronted NY Split On Pay Frequency

    New York federal courts are confronting a choice of whether to greenlight lawsuits alleging workers haven't been paid weekly, as state law requires for those who perform manual work, now that a split regarding such cases' viability has arisen in state appeals courts. Here, Law360 explores four cases where federal courts have picked a side amid the split in authority.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Texas Roadhouse Wage Suit Bounces Back To State Court

    A California federal judge sent a proposed wage and hour class action against a Texas Roadhouse franchisee back to state court, ruling the restaurant chain operator couldn't prove the claims against it were worth over $5 million.

  • March 18, 2024

    Justices Won't Review McDonald's No-Poach Case

    A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.

  • March 15, 2024

    Calif. Truckers Lose Renewed Bid To Block AB 5

    A California federal judge Friday rejected a renewed bid by trucking groups to block enforcement of Assembly Bill 5, which presumes most workers are employees with few exceptions, saying any tinkering of "perceived deficiencies" is "better left to the soap box and the ballot box."

  • March 15, 2024

    Ohio Panel Says Cleaner Isn't Employee Under State Law Test

    A truck cleaner was rightfully found to be an independent contractor without rights to overtime compensation, an Ohio state appeals court ruled, applying a state worker classification test to find that he performed his work free from direct and exacting supervision.

  • March 15, 2024

    Perdue Beats Back Chicken Farmers' OT Collective Cert. Bid

    A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.

  • March 15, 2024

    Repair Worker Can't Relitigate FLSA Claims, Judge Says

    A former handyman and building super can't keep up his overtime pay or age and disability discrimination claims against a Bronx homeowners' association, with a New York federal judge holding that the worker already brought and settled those claims.

  • March 15, 2024

    Va. Governor Shoots Down Pay Transparency Legislation

    Virginia Gov. Glenn Youngkin vetoed a bill that would have barred employers from asking about a job applicant's salary history and required pay to be detailed in job listings, saying the measure would have been too burdensome on the state's small businesses.

  • March 15, 2024

    GE Reaches Settlement Deal In Ex-Workers' Severance Fight

    General Electric Co. told a Kansas federal court it has reached a deal to resolve a federal benefits lawsuit from two former wind farm workers who alleged they were shortchanged on severance, a settlement coming after the energy giant lost a motion to dismiss the case in December.

  • March 15, 2024

    Critics Of NJ Temp Worker Law Flag Block On Ill. Law

    Business associations suing to block New Jersey's new temporary worker protection law alerted the Third Circuit to a recent Illinois federal court decision holding that federal retirement law supersedes a similar law in Illinois, urging the appellate court to follow suit.

  • March 15, 2024

    Feds Want 6 Years For 'Poster Boy' Of Mass. Police Corruption

    Boston federal prosecutors have recommended nearly 6 years in prison for a former Massachusetts trooper who they say is the living embodiment of police misconduct in light of his trial convictions for stealing overtime pay, lying on his taxes and cheating to get student financial aid for his son.

  • March 15, 2024

    DOL Fights Fishery's Bid To Unveil Migrant Worker Identities

    The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.

  • March 15, 2024

    NY Forecast: 2nd Circ. Hears Schools Admin. Suit Over Firings

    The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.

  • March 15, 2024

    Alston & Bird, Ex-Employee File Deal After Contempt Threat

    Alston & Bird LLP and its former diversity and inclusion administrator have presented their proposed $55,000 settlement in Georgia federal court concerning unpaid overtime claims, after a judge ordered them to appear in court to explain why they hadn't already filed one.

  • March 15, 2024

    Amazon Tells 2nd Circ. Security Screenings Aren't Work

    Amazon told the Second Circuit that the security screenings employees underwent after their shifts were over aren't work and should be compensated as such, urging the panel to keep a Connecticut federal court's ruling in its favor.

  • March 15, 2024

    Calif. Forecast: Full 9th Circ. To Hear AB 5 Challenge Args

    In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.

  • March 15, 2024

    Snack Co. Workers Get Cert. In Ohio Wage Suit

    An Ohio federal judge preliminarily certified a collective of food distribution workers on claims that they had to perform work before clocking in and during breaks without pay, saying they proved that the company's policies were applied universally.

  • March 14, 2024

    Phillips, Workers Seek Dueling Wins In $46.5M Wage Fight

    Phillips 66 Co. and certified classes of San Francisco and Los Angeles refinery workers fought before a California federal judge Thursday, with each side seeking a win on the workers' wage claims in a $46.5 million dispute over the energy giant's meal-break and time-rounding policies.

  • March 14, 2024

    NC Tells Appeals Court Worker Was Transferred, Not Demoted

    The state of North Carolina has asked a state appeals court to uphold a state agency's determination that a Department of Health and Human Services employee was not unlawfully demoted, arguing that the facts indicate that the worker was merely reassigned.

Expert Analysis

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.