Wage & Hour

  • April 26, 2024

    Citizens Bank Says It Properly Factored Commissions Into OT

    A group of mortgage loan officers' claim that Citizens Bank did the math wrong when calculating their overtime can't stand, the bank said, telling a Pennsylvania federal judge that the way it considered commissions in overtime complies with state law.

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    3 Ways The FTC's Noncompete Ban Will Affect Employers

    The Federal Trade Commission's recently finalized rule imposing a near-total ban on companies making workers sign noncompete agreements marks a seismic change in the legal landscape that will spur new trends in litigation and ease the path for workers to leave jobs they don't like, experts say. Here are three ways the new rule will affect the employment law arena.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 26, 2024

    Workers Say Minn. Food Producer Broke Wage, Migrant Laws

    A canned and frozen vegetable producer and supplier broke its promise to provide migrant farmworkers with adequate housing, and it deducted excessive amounts from their paychecks for rent and failed to pay overtime wages, according to a proposed collective action in Minnesota federal court.

  • April 26, 2024

    Parking Co. Strikes $1.4M Deal To End Pay Transparency Suit

    A parking lot company has agreed to pay a class of almost 300 job seekers $1.4 million to shutter a suit claiming it shirked a Washington pay transparency law requiring that all job postings include salary and benefit information, according to state court filings.

  • April 25, 2024

    Ex-Fracking Consultant Says Oil Co. Failed To Pay OT

    A Texas oil and gas company misclassified electric fracking consultants as independent contractors to avoid paying them overtime wages even though they usually worked 70 to 80 hours per week, a former employee claimed in a proposed collective action filed in federal court.

  • April 25, 2024

    DOL Wage Trumps Local Pay Rate For FDA Contract, Board Rules

    An appeals board has denied a nonprofit's request for increased payment for janitorial services at the U.S. Food and Drug Administration's headquarters following a change to the local county's minimum wage, saying the government was only required to pay the federal prevailing wage.

  • April 25, 2024

    Calif. Appellate Panel Revives Blood Tech's Wage Claims

    A phlebotomist supported well enough her claims that a Southern California hospital failed to pay her for all hours worked, a state appeals panel ruled, flipping a trial court's decision tossing her suit.

  • April 25, 2024

    Novartis Can't Avoid Ex-Sales Rep's Gender Pay Bias Suit

    Pharmaceutical giant Novartis must face a former sales representative's lawsuit alleging her salary was over $20,000 less than a male colleague pitching the same drug, a Colorado federal judge ruled, saying it's unclear whether their responsibilities were distinct enough to explain the difference.

  • April 25, 2024

    Home Health Co. To Pay $1.6M To End DOL OT Suit

    A home health care company will pay nearly $1.6 million in back wages, damages and fines to resolve a U.S. Department of Labor lawsuit accusing the company of failing to pay workers overtime wages, according to papers filed Thursday in Pennsylvania federal court.

  • April 25, 2024

    DOL's Contractor Rule Must Stay In Place, Groups Say

    The U.S. Department of Labor's rule sorting out whether workers' are employees or independent contractors should be left in place because it tackles a lingering misclassification problem, two nonprofits said, urging a Tennessee federal court to disregard two freelance writers' challenge to the rule.

  • April 25, 2024

    Mich. Pizzeria, Drivers Ready To Reopen Mileage Cost Fight

    A pizza place in southern Michigan and its delivery drivers have asked a federal judge to revive the workers' wage-and-hour lawsuit, a month after the Sixth Circuit overturned the lower court's ruling on how the drivers should be reimbursed for their work-related car use.

  • April 25, 2024

    Impact Of NY Prenatal Leave Law Hinges On Awareness

    New York recently became the first state in the U.S. to require employers to offer paid sick time for pregnant workers to go to the doctor, and experts said that while it shouldn't be a big adjustment for employers, getting the word out about the new requirement is crucial.

  • April 25, 2024

    Nursing Agency Urges 4th Circ. To Overturn $9M Wage Ruling

    A nurse staffing agency pressed the Fourth Circuit to overturn a lower court's decision ordering the agency to pay workers $9 million in a misclassification suit brought by the U.S. Department of Labor, saying the lower court should have made the government prove the nurses were employees.

  • April 25, 2024

    Textualist Read Of Calif. Law Denies Detainees Wage Rights

    The California Supreme Court's ruling that pretrial detainees are not entitled to minimum wage and overtime while working in jail was a textualist decision that sidestepped questions of employee and conviction status, experts said.

  • April 25, 2024

    Marshall Dennehey Gains Employment Ace From NJ Boutique

    Marshall Dennehey PC has added an employment law and trial attorney to its Mount Laurel, New Jersey, roster who came aboard from Flahive Mueller LLC.

  • April 25, 2024

    Sporting Goods Chain Can't Take Wage Claim To 6th Circ.

    A sporting goods chain can't take a Michigan federal court's decision letting a former employee pursue a wage claim under Ohio law for a proposed class to the Sixth Circuit, a federal court ruled, saying an appeal won't help the litigation.

  • April 25, 2024

    Mobile Home Co. Pays $85K For Misclassifying Workers

    A mobile home transportation company in Texas paid nearly $85,000 in back wages for misclassifying 32 workers, the U.S. Department of Labor announced.

  • April 25, 2024

    Paint Manufacturer Shorted Workers On OT, Suit Says

    A protective paint and coating manufacturer has not been paying its hourly workers all their overtime wages, neglecting to include bonuses and other incentive pay into time-and-a-half premiums, a former worker alleged in a proposed collective action filed in Wisconsin federal court.

  • April 24, 2024

    4 Takeaways From The DOL's Final Overtime Rule

    The U.S. Department of Labor’s newly announced final rule addressing the salary thresholds for overtime exemptions surprised employers’ attorneys with its two-step rollout, while worker advocates said the thresholds could have gone higher. Here, Law360 explores key takeaways.

  • April 24, 2024

    Customer Service Reps Say DTE Energy Owes Log-In Pay

    Michigan's largest energy company pressured its customer service employees into performing between seven and 18 minutes' worth of unpaid off-the-clock tasks per shift, two former employees have said in a new federal lawsuit accusing DTE Energy of violating the Fair Labor Standards Act.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    Filipino Workers' $730K Trafficking Deal Gets Judge's Initial OK

    An Oklahoma federal court preliminarily approved a $730,000 settlement on Wednesday that would resolve Filipino workers' claims that a local couple tricked them into paying steep immigration and recruitment fees to come work for them in the U.S.

  • April 24, 2024

    Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says

    Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.

Expert Analysis

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

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    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.