Wage & Hour

  • July 01, 2024

    Delta Flouts Wash. Pay Transparency Law, Applicant Says

    Delta Air Lines has not been including pay ranges in its job postings in Washington, in violation of a state pay transparency law, an applicant for a position at the airline claimed in a proposed class action seeking to represent over 1,000 potential employees.

  • July 01, 2024

    Wash. Hospital To Pay $1.4M To End Meal Break Wage Suit

    A Washington hospital agreed to shell out $1.4 million to end a lawsuit claiming employees worked through meal breaks without pay, with a medical coder urging a federal court to sign off on the settlement covering about 1,350 workers.

  • July 01, 2024

    Flowers Foods Subsidiary, Workers Settle Wage Suit

    A subsidiary of Flowers Foods and a group of workers told a California federal judge they reached an agreement to settle a lawsuit alleging independent contractor misclassification, two months after a federal judge told the subsidiary it must face the claims.

  • July 01, 2024

    Telecom Worker's Wage Suit Belongs In Arbitration

    A worker suing a telecommunications and electrical contracting company must arbitrate unpaid wages claims because their arbitration agreement is enforceable, a California federal judge ruled.

  • July 01, 2024

    8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award

    The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.

  • July 01, 2024

    DOL Overtime Exemptions Rule 'Likely Unlawful,' Judge Says

    A U.S. Department of Labor rule that took effect Monday and raises the salary thresholds for overtime exemptions won't apply to the state of Texas for now, a Texas federal judge said, finding that the rule "is likely unlawful."

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk

    California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.

  • June 28, 2024

    Texas Justices Back Union Leave Clause's Constitutionality

    A clause in a firefighters union's collective bargaining agreement that permits taking paid leave for negotiations does not violate the Lone Star state's constitution, the Texas Supreme Court ruled Friday while reversing an award of attorney fees and sanctions against some of the plaintiffs.

  • June 28, 2024

    Justices' Chevron Ruling Threatens DOL Wage Rulemaking

    The Supreme Court’s ruling Friday nixing the Chevron doctrine of deference to a federal agency's reasonable interpretation of a law could give the government a tougher time defending wage and hour rules in court, attorneys said. Here, Law360 explores the expected impact.

  • June 28, 2024

    NYC Realty Co. Defeats Most Of Building Super's Wage Claims

    A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.

  • June 28, 2024

    Ex-Copywriter's Misclassification Suit Goes To Arbitration

    A former copywriter must arbitrate her suit claiming that a media company misclassified her as an independent contractor because the agreement she signed delegates any arbitrability issues to an arbitrator, a Michigan federal judge ruled Friday.

  • June 28, 2024

    Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips

    An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.

  • June 28, 2024

    Tesla Laid Off 14K Workers Without Notice, WARN Suit Says

    Tesla Inc. laid off approximately 14,000 employees without giving them a fair warning required under both federal and California law, a former parts advisor alleges in a putative class action seeking back pay and penalties on the automotive company.

  • June 28, 2024

    Cleaning Service Co. Can't Force Contractors Into Wage Case

    A Texas-based commercial cleaning company can't force workers to add additional defendants to their lawsuit alleging the company used subcontractors to avoid paying overtime wages, a Colorado federal judge ruled, even if the company believes the workers are suing the wrong entity.

  • June 28, 2024

    State And Local W&H Laws That Are Going Into Effect July 1

    This summer domestic workers in New Jersey will be entitled to breaks, while minors in Florida will be allowed to work longer hours. Here, Law360 explores these and other new wage and hour laws across the country that go into effect July 1.

  • June 28, 2024

    DOL, Concession Stand Co. Settle Retaliation Suit

    A concession stand company in Pittsburgh will pay $15,000 to end a U.S. Department of Labor suit alleging it threatened and retaliated against H-2B temporary workers during an agency probe into the company, according to papers filed Friday in Pennsylvania federal court.

  • June 28, 2024

    Ex-Waitresses Say Ga. Sports Bar Didn't Pay Full Wages

    The owners and operator of a Georgia restaurant required waitresses to share their tips with workers not eligible to receive them and failed to pay overtime and minimum wage, two former employees said in a proposed collective action in federal court.

  • June 28, 2024

    Morgan Lewis Employment Litigator Jumps To Vedder Price

    Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.

  • June 28, 2024

    Food Distributors Tell 2nd Circ. No Arbitration For Suit

    A misclassification suit that went to the U.S. Supreme Court should stay out of arbitration, two food distributors told the Second Circuit, arguing that a slew of rulings supported their arguments that they should be considered transportation workers.

  • June 28, 2024

    Surgical Techs, Hospital Agree To Settle Off-Clock Wage Suit

    Two surgical technicians and a hospital network settled a class action wage suit and asked a California federal judge to send the suit back to state court for final approval of the deal, where a related Private Attorneys General Act case has been pending.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

Expert Analysis

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.

  • 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

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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.