Wage & Hour

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    NYPD K9 Handlers' Overtime Suit Sent To Dog House, For Now

    A group of 11 New York City Police Department dog handlers must revise their unpaid overtime lawsuit to reflect the actual time they allegedly spent at home taking care of their dogs in order to stake a plausible claim for unpaid overtime, a federal judge ruled.

  • May 10, 2024

    PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed

    P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 10, 2024

    Workers Push Back On Citizens Bank's Bid For OT Win

    Pennsylvania wage law requires employers to pay workers overtime rates that include all compensation earned, including commissions, a group of workers accusing Citizens Bank of underpaying overtime wages told a federal judge, urging the court to deny the bank's request for a win.

  • May 10, 2024

    3 Cases Poised To Apply High Court's Arbitration Ruling

    Cases that were in the judicial pipeline when the U.S. Supreme Court handed down a ruling on what workers qualify for a carveout from federal arbitration law are poised to be among the first that apply its holding. Here, Law360 discusses three cases that were frozen in anticipation of the high court's decision.

  • May 09, 2024

    Rail Co. Accused Of Retaliation Over FMLA Use

    CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.

  • May 09, 2024

    NY Healthcare Co. Gets Worker's Wage Suit Trimmed

    An Albany, New York-based health system can escape, for now, a proposed collective claim alleging it denied workers overtime wages, a federal judge ruled Thursday, while preserving a claim that it forced employees to work through their lunch breaks.

  • May 09, 2024

    Tenn. County Untangles Collective In Wage Suit Ahead Of Trial

    A Tennessee county snagged a partial decertification win in a lawsuit accusing it of not properly paying a variety of workers within its sheriff's office, after a federal judge ruled that the workers' differences in jobs prevent collective treatment.

  • May 09, 2024

    Staffing Cos. Can't Dodge DOL Suit Over Wage Clawbacks

    The U.S. Department of Labor can keep pursuing a suit alleging two staffing agencies drew employees' compensation below minimum wage by implementing contractual clawbacks if employees didn't stay for more than three years, a New York federal judge ruled.

  • May 09, 2024

    Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial

    A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.

  • May 09, 2024

    Liquor Co. Ordered To Stop Flouting Law After DOL Wage Deal

    An Indiana federal judge issued an injunction barring a multistate liquor store operator from violating federal labor law after the U.S. Department of Labor accused it of flouting a previous back wage settlement by coercing workers to accept less money than they were owed.

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    DOL Wage Enforcement Penalties Come Under Scrutiny

    Civil monetary penalties aren’t high enough to deter employers from violating wage and hour laws, Democrats in Congress are saying ahead of planned legislation, though employers’ attorneys argue that existing fines are adequate. Here, Law360 explores the penalties debate.

  • May 09, 2024

    Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides

    A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.

  • May 09, 2024

    Ballard Spahr Atty Among 5 Rimon Arrivals On Both Coasts

    Rimon PC has expanded its offices in New Jersey, Philadelphia, Orlando, San Francisco and San Diego with the addition of five attorneys, bolstering its intellectual property, investment management, real estate, employment and litigation capabilities, the firm announced Thursday.

  • May 09, 2024

    Calif. Panel Keeps PAGA Claims Out Of Arbitration

    A Los Angeles trial court correctly refused to sever an arbitration agreement filled with unconscionable provisions, a California appellate panel ruled, affirming the decision to deny a wireless company's bid to arbitrate a worker individual Private Attorneys General Act claims.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    Charter, Workers Both Want Quick Win In Vacation Time Suit

    Workers alleging that Charter Communications failed to pay out unused vacation time when it merged with Time Warner Cable asked a California federal judge to grant them a win, saying state wage law unambiguously requires the payouts, while Charter urged the court to find the opposite.

  • May 09, 2024

    Bronx Urgent Care, DOL Reach $160K Deal In Wage Suit

    An urgent care in the Bronx will pay $160,000 in back wages, damages and fines to end a U.S. Department of Labor suit accusing it of stiffing workers on overtime pay, according to court papers.

  • May 08, 2024

    Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit

    An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.

  • May 08, 2024

    4th Circ. Says Purpose Of Inmate Labor Affects Classification

    The primary purpose of prisoners' work at a Baltimore County recycling plant should determine whether a group of incarcerated people were employees under federal law, a Fourth Circuit panel ruled Wednesday, rejecting the county's view that any amount of rehabilitative-oriented work spared it from minimum wage obligations.

  • May 08, 2024

    Arbitration Pact Doesn't Bar PAGA Penalty Claims, Panel Says

    An arbitration agreement a worker signed with a gardening retailer doesn't apply to his representative civil penalty claims under California's Private Attorneys General Act, a state appellate panel held, saying the language of the agreement shows the parties didn't intend to arbitrate those kinds of disputes.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

Expert Analysis

  • There's More To The Helix FLSA Opinion Than Meets The Eye

    Author Photo

    At first blush, the U.S. Supreme Court's recent Helix decision seems remarkable for its determination that an oil rig worker who makes $200,000 a year can still be entitled to overtime, but the decision also offers two more important takeaways about how the Fair Labor Standards Act may be applied, says Nicholas Woodfield at The Employment Law Group.

  • What Employers Need To Know About New Breastfeeding Law

    Author Photo

    The recently enacted federal PUMP Act expands employers' existing obligations to provide breaks and space for certain employees to express breast milk, so employers should review the requirements and take steps to ensure that workers' rights are protected, say Sara Abarbanel and Katelynn Williams at Foley & Lardner.

  • 6 Labor Compliance Questions For Infrastructure Contractors

    Author Photo

    Eric Leonard at Wiley provides a checklist to help both traditional and nontraditional government contractors identify and understand the enhanced labor and employment compliance obligations they assume by taking on a project funded under the Bipartisan Infrastructure Law.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

    Author Photo

    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • New Rulings Show Job Duties Crucial To Equal Pay Act Claims

    Author Photo

    Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

  • Tips For Handling Employee Pay Scale Asks As Laws Expand

    Author Photo

    Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Eye On Compliance: Employee Biometric Data Privacy

    Author Photo

    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

    Author Photo

    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

    Author Photo

    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

    Author Photo

    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • How To Navigate New State Pay Transparency Laws In 2023

    Author Photo

    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.