Wage & Hour

  • June 24, 2024

    UFC Fighters Swing Again To Get OK On $335M Wage Deal

    UFC fighters seeking preliminary approval for their $335 million deal to end class claims that the mixed martial arts organization suppressed their wages submitted a revised distribution plan Monday, after a Nevada federal judge said he wanted to see "life changing" money for fighters who waited through the decadelong litigation.

  • June 24, 2024

    Robust Pay Equity Clauses Grab Spotlight In $15M Snap Deal

    A $15 million settlement that Snapchat parent Snap Inc. struck with California's civil rights watchdog to resolve sex bias allegations includes cutting-edge provisions that could foreshadow future trends in pay equity laws, experts said.

  • June 24, 2024

    Judge Blocks Part Of DOL Construction Prevailing Wage Rule

    A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.

  • June 24, 2024

    Wage Law Doesn't Apply To $32M In PPE Sales, NJ Panel Says

    An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.

  • June 24, 2024

    Tax Preparers Win Recommendation For Class Cert. In OT Suit

    A group of tax preparers have met the requirements to form a class in a suit accusing their former employer of failing to pay overtime, a New York federal magistrate judge said, rejecting the employer's argument that their request for class status came too late.

  • June 24, 2024

    Refinery Wants Class Decertified In Standby Pay Suit

    A class of operator and maintenance workers alleging an oil refinery company failed to pay them for the time they spent waiting to be called into work should be decertified, the company told a California federal judge, saying they did not have a uniform policy. 

  • June 24, 2024

    Junior Leaguers Are Offsides On Antitrust Claims, NHL Says

    The NHL is looking to squash a putative antitrust class action from players in its developmental leagues alleging exploitation and abuse, telling a New York federal court that such disputes over pay and work conditions fall under the league's collective bargaining agreement and are shielded from antitrust scrutiny.

  • June 24, 2024

    IT Co. Settles Fired Worker's Anxiety Leave Retaliation Suit

    An information technology company has agreed to settle a former worker's suit claiming the company pushed him out of a job after he took medical leave to treat his anxiety that developed from working 16-hour days, according to a Florida federal court filing.

  • June 24, 2024

    Justices Will Hear Reservist's Case Over Denied Top-Up Pay

    The U.S. Supreme Court on Monday said it will hear a federal employee's case over whether he was owed differential pay after being called to active duty in his role as a military reservist, but not directly into a contingency operation.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

  • June 21, 2024

    11th Circ. Backs Fla. Agency Win In Ex-Warden's FMLA Suit

    The Eleventh Circuit refused Friday to reinstate a former warden's lawsuit accusing the Florida Department of Corrections of transferring and demoting her because she was nearing 60 and took six months of leave, saying she failed to connect the dots to show the agency was motivated by bias.

  • June 21, 2024

    Aramark Sued In Wash. For Alleged Pay Transparency Lapses

    Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.

  • June 21, 2024

    Cathay Pacific Pilots Land $16.65M Deal In 7-Year Wage Fight

    A group of 110 Cathay Pacific Airways Ltd. pilots will receive $16.65 million to settle a seven-year wage case alleging that the airline violated Golden State labor laws governing meal and rest periods, overtime and reserve duty pay, according to a preliminary motion for approval filed Thursday in California federal court.

  • June 21, 2024

    Uber, Lyft Can't Dodge Suit Via Arbitration, Calif. Tells Justices

    California has urged the U.S. Supreme Court not to revive bids from Uber and Lyft to arbitrate allegations they unlawfully misclassified drivers as independent contractors, saying it's "commonly understood" that private parties' arbitration agreements have no bearing on whether state officials can sue for state law violations.

  • June 21, 2024

    NY Forecast: 2nd Circ. Weighs Construction Workers' OT Suit

    This week, the Second Circuit will consider a group of construction workers' attempt to revive a proposed class and collective action claiming a group of construction companies failed to pay them overtime required under state and federal law. Here, Law360 explores this and other cases on the docket in New York.

  • June 21, 2024

    11th Circ. Rules Hotel Operator Liable For Wages As Employer

    A hotel operator exercised enough control over a front desk worker to be his employer and is therefore liable for minimum wage and overtime, the Eleventh Circuit ruled, also noting that a lower court erred in calculating the damages.

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

  • June 21, 2024

    Calif. Meat Markets To Pay $309K After DOL Pay Probe

    Three meat markets in California will pay $309,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging they failed to pay workers overtime rates and obstructed the agency's probe, according to court papers.

  • June 21, 2024

    HCA Wants Out Of Respiratory Therapist's Wage Suit

    Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.

  • June 21, 2024

    NY Paid Lactation Break Law Brings Protection, Confusion

    New York state now requires employers to provide paid lactation breaks, representing another boon to equal pay efforts, but questions remain regarding the specifics of compliance and enforcement, attorneys say.

  • June 20, 2024

    Delta's $16M Pay Stub Deal Stalled On Runway By 'Problems'

    A California federal judge said Thursday that he has "problems" giving preliminary approval to Delta Air Lines' $16 million deal in a pay stub class action that went to the Ninth Circuit and the California Supreme Court, saying the settlement's release "seems way overbroad."

  • June 20, 2024

    Logistics Cos. Face Skilled Worker Visa Misuse Class Action

    A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.

  • June 20, 2024

    Worker Says Co. Inflated Deductions To Duck Prevailing Wage

    An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.

  • June 20, 2024

    Ex-Satellite Tech Drops Wage Suit Against Dish Retailer

    A satellite technician dropped his proposed collective action accusing his former employer of misclassifying him and his co-workers as independent contractors and depriving them of overtime wages, according to a dismissal notice filed in Georgia federal court.

  • June 20, 2024

    11th Circ. Backs Stryker's Defeat Of Fired Worker's Leave Suit

    The Eleventh Circuit refused Thursday to revive a suit claiming medical technology company Stryker illegally fired a worker on leave awaiting the birth of his child, ruling that because the leave didn't formally kick in until the child was born, his termination was fair game.

Expert Analysis

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.