Wage & Hour

  • June 07, 2024

    Walmart Driver Misclassification Suit Sent To Arbitration

    A Washington federal judge sent to arbitration a proposed class action accusing Walmart of misclassifying its app-based delivery workers as independent contractors, saying the workers signed valid arbitration agreements.

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Denny's Cuts Deal To End Workers' Tip Credit Suit

    Denny's has agreed to pay more than $437,000 to end a class action accusing it of failing to properly inform a group of more than 100 servers it would be taking a tip credit from their wages, according to a filing in Pennsylvania federal court.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    FTC Says Kroger Hasn't Turned Over Promised Documents

    The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

  • June 06, 2024

    Full 4th Circ. Won't Rehear Inmates' Wage Suit

    The full Fourth Circuit won't review a panel's ruling that the purpose of the job of incarcerated individuals performed at a Baltimore County recycling plant determines whether federal minimum wage laws apply, turning down on Thursday the county's bid to step in.

  • June 06, 2024

    Wynn, Casino Worker Ink $600K Deal In Tip Suit

    The Wynn Las Vegas has agreed to pay $600,000 to end a slot attendant's suit alleging the casino shared tips with managers and diverted some to the casino itself claiming misplacement of tips, according to a motion to approve the deal filed in Nevada federal court.

  • June 06, 2024

    Texas Food Truck Operator Pays $157K For OT Violations

    A Texas food truck operator paid more than $157,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced Thursday.

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Logistics Co. Didn't Pay Full OT, Suit Says

    A Connecticut-based freight logistics company only paid time-and-a-half rates when employees worked more than 45 hours per week, denying workers their full overtime pay, according to a proposed class and collective action filed Thursday in federal court.

  • June 06, 2024

    Calif. AG Tells 9th Circ. NRA Ruling Doesn't Impact AB 5 Case

    The U.S. Supreme Court's recent decision siding with the National Rifle Association on its free speech claims has nothing to do with Uber and Postmates' challenge to California's Assembly Bill 5 governing worker classification, the state attorney general told the Ninth Circuit.

  • June 06, 2024

    TJ Maxx Hit With Rest Break, Sick Pay Class Action

    TJ Maxx has been requiring thousands of California workers to work through their rest breaks but forcing them to mark otherwise on their time sheets in violation of state labor law, a worker alleged in a proposed class action in state court.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    NYC Thai Eateries Owe $1.5M In Chefs' Wage, OT Suit

    A New York federal judge ordered several companies that owned and operated four now-shuttered Thai restaurants in Manhattan to pay over $1.5 million to settle class action claims that they failed to pay full minimum or overtime wages.

  • June 06, 2024

    Ga. Mortgage Co. Owes Loan Processors OT, Suit Says

    A mortgage lender unlawfully considered loan processor managers overtime-exempt under the Fair Labor Standards Act despite them performing nonexempt duties, a former employee said in a proposed class action filed in Georgia federal court.

  • June 05, 2024

    Hospital Network Stiffs Workers On Meal Breaks, Suit Claims

    A Missouri hospital network automatically deducted meal breaks from nurses' and technicians' pay even though they were unable to take the breaks, a former employee said in a proposed class and collective action filed in federal court.

  • June 05, 2024

    ADP Sales Reps Win Conditional Cert. For Overtime Claim

    Sales representatives for Automatic Data Processing Inc. won conditional certification in their lawsuit alleging they failed to receive all their overtime wages earned, with an Arizona federal judge ruling the workers had offered up substantial evidence that they were all subjected to the same pay policies.

  • June 05, 2024

    Energy Co. Tells 4th Circ. Arbitration Pact Extends To It

    A rig worker's arbitration agreement clearly extended to oil and gas exploration and production company Tug Hill Operating LLC, the company said, telling the Fourth Circuit that a West Virginia federal court gave the pact a too narrow read.

  • June 05, 2024

    Lewis Brisbois Employment Attys Join Kaufman Dolowich

    Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.

  • June 05, 2024

    Healthcare Staffing Co. Hit With Meal Break, OT Suit

    A healthcare staffing company has been automatically deducting meal breaks from workers' time sheets and forcing them to work while off the clock, denying them overtime pay, according to a proposed collective action filed Wednesday in Virginia federal court.

  • June 05, 2024

    3rd Circ. Debates Length Of Breaks In $7M Wage Case

    A Third Circuit panel tried on Wednesday to pin down when the U.S. Department of Labor and an in-home care agency believed that employees were off-duty or just traveling between jobs, and whether the company's lack of travel-time records left it open to a $7 million judgment based on government estimates.

  • June 05, 2024

    Former Exec Drops Mass. Wage Suit Against Tech Firm

    A former executive for a tech company told a Massachusetts federal judge Wednesday the parties agreed to dismissal of her lawsuit claiming she didn't receive promised performance bonuses and was terminated after complaining about the missing pay.

  • June 05, 2024

    Detroit Hospital Hit With Meal-Break Lawsuit Seeking OT

    A Detroit hospital network automatically deducts 30-minute unpaid meal breaks from nurses' and technicians' pay regardless of whether they were actually relieved from their work duties, a former employee said in a proposed class and collective action filed in Michigan federal court.

  • June 05, 2024

    Marriott, Workers' Wage Suit Deal Scores Final Approval

    Marriott will pay nearly $437,000 to end a proposed class action alleging unpaid wages and meal and rest break violations, with a California federal judge placing the final stamp of approval on the settlement agreement.

  • June 05, 2024

    Calif. Wage Hike To Cover Nearly All Healthcare Workplaces

    Nearly all workers at healthcare facilities in California will be entitled to a higher minimum wage beginning July 1 regardless of whether they're involved in patient care. One expert called the increase a sweeping change, partly due to broad definitions of what employees and facilities are covered.

Expert Analysis

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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • Preparing For Potential Changes To DOL's Overtime Rules

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    While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

  • Cost-Splitting Arbitration Clauses Threaten Workers' Rights

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    A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.