Wage & Hour

  • April 12, 2024

    High Court Keeps Arbitration Exemption's Focus On Workers

    The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.

  • April 11, 2024

    Chipotle Pays $2.9M To End Seattle Wage Violation Probe

    Fast-food chain Chipotle has agreed to pay nearly $2.9 million to more than 1,800 workers at eight of its restaurants in Seattle to resolve the city's investigation into employees' allegations that the employer violated local ordinances governing sick pay and scheduling, a city labor agency announced Thursday.

  • April 11, 2024

    City Council Pushes Minneapolis Ride-Share Ordinance Date

    The Minneapolis City Council unanimously agreed Thursday to postpone to July 1 the effective date of an ordinance setting up ride-share drivers' minimum wages, temporarily avoiding a Lyft and Uber exodus from the city.

  • April 11, 2024

    Supermarket Chain Settles Fired Manager's Sex Bias Suit

    A supermarket chain will pay a former store manager $25,000 to shutter her New York federal court suit claiming she was paid less than her male counterparts, and she was fired after complaining that her male supervisor favored those male colleagues, according to a Thursday filing.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    Ariz. Contractor Owes $890K For Wage, Child Labor Violations

    An Arizona construction contractor specializing in painting will pay $890,000 to settle a U.S. Department of Labor suit accusing it of denying overtime rates and running afoul of child labor laws and recordkeeping requirements, according to papers filed Thursday in Arizona federal court.

  • April 11, 2024

    Tech Co. To Pay Ex-Worker $7K To End Anxiety Firing Suit

    A computer and cellphone accessory manufacturer will pay nearly $7,000 to end a former worker's suit alleging unpaid overtime as well as a failure to accommodate her extreme anxiety, a Georgia federal judge ordered Thursday, approving the deal.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 11, 2024

    Victoria's Secret Says Settlement Bars COVID Screening Suit

    Victoria's Secret Stores has asked a California federal judge to grant it a win in a lawsuit alleging it should have paid employees for the time they spent in pre-shift COVID-19 screenings during the pandemic, saying the claims are barred by a settlement in an identical lawsuit.

  • April 11, 2024

    Urgent Care Flouts OT And Min. Wage Laws, Workers Say

    An urgent care company that New York City tapped to provide services at migrant facilities failed to compensate workers on time while also owing them weeks of pay, two former employees said in a proposed class and collective action in New York federal court.

  • April 11, 2024

    Attys Puzzled By Judge's Refusal To Hear Hybrid Wage Case

    Wage-and-hour cases brought by workers on a group basis under both federal and state law have become so routine in federal courts that attorneys told Law360 they're puzzled by a Michigan federal judge's refusal last week to let such a suit proceed.

  • April 11, 2024

    Univ. Of Tenn. Hospital Stiffs Flight Nurses On OT, Court Told

    The University of Tennessee Medical Center did not pay flight nurses and paramedics overtime wages when they worked over 40 hours a week and deducted meal breaks that they were still on duty during, a former flight nurse alleged in a proposed collective action in federal court.

  • April 10, 2024

    Wash. Healthcare Workers Owed $100M In Wages, Jury Told

    Counsel for two classes encompassing more than 30,000 current and former healthcare workers told a Washington state jury on Wednesday that Providence Health & Services should pay nearly $100 million in damages for using an illegal time clock rounding method that shortchanged employees and failing to provide required meal breaks.

  • April 10, 2024

    Fed. Supremacy Stance Seen As Weak In Detainee Wage Row

    The U.S. Department of Justice's argument for federal supremacy as grounds to deny immigrant detainees minimum wage in the workers' fray with detention operator GEO Group doesn't hold up to scrutiny, attorneys say, in a case that has helped shine a light on employee rights for those behind bars.

  • April 10, 2024

    Drivers Seek Nix Of Uber's Motion After 'Road Not Taken' Brief

    UberBlack drivers urged a Pennsylvania federal judge not to require them to respond to Uber Technologies Inc.'s additional filing in an independent contractor dispute after the company already submitted a brief invoking Robert Frost's poem "The Road Not Taken," saying Uber defied an order setting page limits.

  • April 10, 2024

    Ex-Ruth's Chris Server Loses Discovery Bid In Wage Suit

    An Ohio federal judge ruled additional discovery is not necessary for a runner and server's unpaid wages suit, saying the former Ruth's Chris worker is trying to get a second bite at the apple for documents he was already unsuccessful in getting.

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    Cleaning Co. To Pay $400K In H-2B Workers' Exploitation Suit

    Mexican guest workers and a cleaning company that recruited them to work at a Colorado luxury hotel asked a federal judge on Wednesday to grant initial approval of a $400,000 settlement on claims that the company committed myriad wage and visa law violations and threatened to deport workers who complained.

  • April 10, 2024

    Eatery Chain's Tip Credit Bites Illegally Into Wages, Court Told

    A restaurant chain has not been paying its servers and bartenders the correct wages, taking a tip credit out of their hourly wages even when they perform nontip-generating work, a server claimed in a proposed collective action filed Wednesday in Kentucky federal court.

  • April 10, 2024

    Former X Worker Can't Force Doc Release In Bonus Suit

    A California federal judge refused to grant an ex-worker's request that the court decide whether X Corp. must provide employee bonus-related documents to its former chief financial officer before he sits for a deposition, chiding the former worker for not filing a proper request.

  • April 10, 2024

    9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.

    Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.

  • April 10, 2024

    Musk Deposition Decision Put Off In Twitter Layoff Fight

    A California federal judge deferred ex-Twitter employees' request to depose X Corp. owner Elon Musk until after other defendants gave their depositions in a suit alleging the company violated federal laws requiring advance warning of mass layoffs.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Furniture Delivery Co., Driver Settle Misclassification Suit

    A delivery driver and the company he contracts with to transport furniture for Ashley Furniture told a Florida federal judge Wednesday that they had settled a lawsuit alleging the company misclassified the driver as an independent contractor.

Expert Analysis

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.