Wage & Hour

  • July 03, 2024

    Wage Suit Can Be Arbitrated Under Justices' Ruling, Co. Says

     A medical product seller urged the Ninth Circuit on Wednesday to reverse a lower court's determination that a worker is exempt from the Federal Arbitration Act, saying the wage claims should still be sent to arbitration under a recent U.S. Supreme Court ruling clarifying which employees qualify for the exemption.

  • July 03, 2024

    Job Hopeful's Lack Of Injury Sinks Wash. Pay Disclosure Suit

    A Washington federal judge tossed a job hopeful's suit claiming healthcare companies shirked state pay transparency laws by failing to disclose salary information in job postings, finding that the applicant didn't show he was actually harmed by the missing compensation figures.

  • July 03, 2024

    Calif. Watchdog Notches $14.4M Deal In Microsoft Leave Fight

    Microsoft agreed to shell out $14.4 million to end a California Civil Rights Department's lawsuit claiming that it discriminated against employees who take protected employment leaves, the department announced Wednesday.

  • July 03, 2024

    Chevron's End Revives Tip Rule Challenge, 5th Circ. Told

    Restaurant groups suing to block a 2021 U.S. Department of Labor rule cracking down on when tipped workers can be paid subminimum wages filed a notice in the Fifth Circuit saying the court should follow the U.S. Supreme Court's recent decision stating courts can independently interpret agencies' rules.

  • July 03, 2024

    4 Mass. Rulings You Might Have Missed In June

    Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.

  • July 03, 2024

    Coffey Modica Promotes 2 Partners, 1 Counsel In NY

    New York litigation boutique Coffey Modica LLP announced the promotion of two attorneys to partner, including the firm's first hire in 2021, as well as the elevation of another lawyer to counsel.

  • July 03, 2024

    Constangy Hires Greenspoon Marder Partner In LA

    Constangy Brooks Smith & Prophete LLP has hired a former deputy attorney general for the California Department of Justice, who is joining from Greenspoon Marder LLP where she led that firm's employment litigation group, the firm announced Wednesday.

  • July 03, 2024

    Gov't Says Justices' Decision Doesn't Fully Solve OT Suit

    The recent U.S. Supreme Court decision pushing deadlines to challenge federal regulations doesn't entirely solve an overtime dispute between three home care companies and the U.S. Department of Labor, the government told the Third Circuit.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 03, 2024

    Nev. Retires Its Unique Two-Tier Minimum Wage

    Nevada has a new minimum wage structure, thanks to a voter-approved ballot question that eliminated a two-tier wage floor that depended on whether an employer offered insurance benefits.

  • July 02, 2024

    Gig Drivers' Union Rights Make It To Mass. Ballot

    Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced. 

  • July 02, 2024

    ​​Walgreens Workers Nab Class Cert. In Late Pay Suit

    Walgreens workers can move forward as a class in a lawsuit alleging that the pharmacy chain didn't pay their final paychecks on time, an Oregon federal judge ruled while setting up specific limits on who can join the suit.

  • July 02, 2024

    NY County Must Face Ex-Assistant DA's Leave Bias Suit

    A New York county can't dodge a former assistant district attorney's suit claiming she was unlawfully fired for requesting time off following her husband's cancer diagnosis, with a federal judge ruling more information is needed to determine whether she was misled about her eligibility for leave.

  • July 02, 2024

    6 Major Rulings For Wage-Hour Attorneys So Far In 2024

    In the first half of 2024, the U.S. Supreme Court decided a pair of cases addressing arbitration in wage and hour litigation, the Sixth Circuit weighed minimum wage for pizza delivery drivers and a New York decision created an appellate split on timely pay requirements. Here, Law360 recaps those rulings and four other major decisions so far this year.

  • July 02, 2024

    Tax Consultant's Claim To Commissions Brought In Bad Faith

    A California state appeals court found a wage and hour lawsuit against a tax credit firm was brought in bad faith because the worker lacked evidence to support her allegations, upholding a lower court's ruling and awarding attorney fees and costs to the firm.

  • July 02, 2024

    2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit

    The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.

  • July 02, 2024

    Home Care Co., DOL Ink $179K Deal To End Wage Suit

    A Philadelphia home care company will pay more than $179,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it failed to pay workers overtime rates, according to court papers.

  • July 02, 2024

    Biz Groups Say Chevron Ruling Crushes DOL Contractor Rule

    The U.S. Supreme Court's decision killing the Chevron doctrine shows that the U.S. Department of Labor couldn't toss a Trump-era rule determining workers' independent contractor status and issue a new one, the U.S. Chamber of Commerce and other groups told a Texas court.

  • July 02, 2024

    Healthcare Staffing Co. Wants Wage Suit In Arbitration

    A healthcare staffing company urged a Virginia federal judge to toss a proposed collective action accusing it of automatically deducting meal breaks from workers' time sheets and requiring them to perform off-the-clock work, arguing the worker who brought the suit signed a pact to arbitrate any employment disputes.

  • July 02, 2024

    5th Circ. Asks If High Court's Chevron Ruling Affects OT Rule

    The Fifth Circuit asked the U.S. Department of Labor and a Dairy Queen franchisee to address how the recent U.S. Supreme Court's decision nixing the Chevron doctrine affects a challenge to the department's overtime rule.

  • July 02, 2024

    3rd Circ. Asked To Remand OT Suit After Justices' Ruling

    Three home care companies in overtime disputes with the U.S. Department of Labor urged the Third Circuit to reverse and remand a ruling that they waited too long to challenge a 2013 ruling on in-home caregivers' ability to earn minimum wage under a new U.S. Supreme Court precedent.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    VC Co.'s Ex-Marketing Chief Wins $1.4M Damages In Retrial

    A jury awarded $1.4 million in damages for unpaid bonuses to a former marketing director for a biotechnology-focused venture capital company after a retrial on the damages award, unanimously granting the ex-executive almost the same amount as an earlier award that a New York federal judge opposed.

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

Expert Analysis

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.