Wage & Hour

  • July 15, 2024

    Renewable Energy Co. Owes $239K For OT Violations

    A renewable energy company in Puerto Rico owes nearly $239,000 for denying more than 1,000 solar panel and system installers their full overtime pay, the U.S. Department of Labor announced Monday.

  • July 15, 2024

    Amazon Tells Wash. Court It Rightfully Filed Arbitration Bids

    Amazon properly moved to arbitrate in districts where drivers accusing the e-commerce giant of misclassifying them as independent contractors agreed to arbitrate their claims, the company told a Washington federal judge, urging the court to deny the workers' request for an injunction.

  • July 15, 2024

    Customer Support Co., DOL Ink $3M Deal In Wage Suit

    A customer support services company agreed to pay out $3 million to end a U.S. Department of Labor suit in Florida federal court claiming it misclassified thousands of workers as independent contractors.

  • July 15, 2024

    Wis. Senior Care Co., DOL Reach $30K Deal To End Wage Suit

    A senior living center in Wisconsin will pay $30,000 to end a U.S. Department of Labor suit alleging it denied workers their full wages, according to court documents.

  • July 15, 2024

    7 Wage-Hour Cases To Watch In 2024

    Several legal fights that will dominate the rest of 2024 are variations on the debate around who has the power to make and change laws and who is considered an employee, with the cases challenging the breadth of the U.S. Department of Labor's rulemaking authority in the spotlight. Here, Law360 looks at seven cases to watch in the year's latter half.

  • July 15, 2024

    Wage Cases To Follow As Justices Rein In Agencies

    A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Chevron Irrelevant To Tipped Worker Rule, DOL Tells 5th Circ.

    The U.S. Department of Labor told the Fifth Circuit that it need not consider the U.S. Supreme Court's recent decision scrapping Chevron deference in a lawsuit restaurant groups filed combating a rule affecting tipped workers, saying it has no impact on the case.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Expect NCAA To Dig In Heels On Employee Status After Ruling

    Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.

  • July 12, 2024

    Territories Await OT Update As Rulemaking Window Narrows

    A U.S. Department of Labor final rule raising salary thresholds for overtime exemptions is now in effect, but attorneys are waiting on updates for the U.S. territories after the federal government abandoned such proposed changes. Here, Law360 explores the territories overtime issue.

  • July 12, 2024

    Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back

    In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.

  • July 12, 2024

    Staffing Agency Accused Of Misclassifying Workers

    A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.

  • July 12, 2024

    Gas Co. Says Trader Can't Get Bonus From Risky Trades

    A Colorado gas marketing company has urged a state judge to find a former trading director forfeited his right to collect a $3.3 million bonus because it was the result of risky and unauthorized trading, according to a motion asking the court to toss a jury's damages award.

  • July 12, 2024

    Calif. Restaurant Pays $83K For Wage Infractions

    A California restaurant paid nearly $83,000 in back wages, damages and fines for denying workers their full wages, the U.S. Department of Labor announced Friday.

  • July 12, 2024

    American Airlines Shakes Off Calif. Wage Suit

    A California federal judge tossed proposed class action claims that American Airlines interrupted meal breaks, skimped on overtime wages and required off-the-clock work, leaving a chance for their revival while axing permanently a former worker's individual claims because of an individual settlement agreement, according to court records. 

  • July 12, 2024

    ​2nd Circ. Asked If Workers Can Sue For Incorrect Pay Stubs

    A New York federal judge refused to reconsider a decision tossing workers' claims that a packaging supplies manufacturer provided them with inaccurate wage statements for lack of standing, but he agreed to send the standing question to the Second Circuit.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    Kroger Asks To Delay At Least Part Of FTC Challenge

    Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.

  • July 11, 2024

    Wash. Justices Revive Proposed Class Suit Over Nurse Wages

    The Washington Supreme Court on Thursday said a nurse's wage theft suit against a hospital can proceed even though his claims are the same as the ones lodged by his union in a tossed suit, finding it would be in the best interest of both efficiency and justice.

  • July 11, 2024

    Wash. Pay Transparency Suits Are Making Progress In Court

    Lawsuits filed by job seekers following the enactment of Washington state's unique pay transparency law are lurching forward, and experts say the suits' journeys to the plaintiff-friendly venue of state court and a $3.8 million class action settlement highlight some key takeaways from this type of litigation.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Campbell Soup Snack Truck Drivers Misclassified, Suit Says

    A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.

Expert Analysis

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.