Wage & Hour

  • April 04, 2024

    Exec Says Disney Filmmaker Fired Her For Bias Complaints

    A filmmaker for ABC and Disney repeatedly ignored a multiracial development director's complaints that she was underpaid and eventually fired her for speaking up about bias and harassment she faced on the job, she said in a suit in California state court.

  • April 04, 2024

    Ex-DOL Officials Become Go-To Attys In Wage Rule Attacks

    When industry groups challenge U.S. Department of Labor wage and hour rules, they often choose as counsel former agency officials who say their prior knowledge gives them a unique ability to take on regulations. Here, Law360 explores the trend.

  • April 03, 2024

    Farm, Worker Ask Whether Arbitrator Can Toss Wage Case

    A farmworker and the agricultural operation he accused of breaching California state minimum and overtime pay rules asked a federal court for input on whether an arbitrator had authority to weigh in on a yet-unaddressed motion to dismiss claims filed in federal court.

  • April 03, 2024

    9th Circ. Doubts Kosher Tester's Religious Carveout Challenge

    A Ninth Circuit panel on Wednesday seemed skeptical of a worker's argument that the ministerial exception does not apply to his suit accusing an Orthodox Jewish organization of failing to pay him overtime for his work making sure grapes used for wines were kept kosher.

  • April 03, 2024

    Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule

    A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.

  • April 03, 2024

    Bankers Say Wells Fargo Can't Avoid Liability In OT Suit

    A group of Wells Fargo bankers urged a California federal judge to keep alive their proposed class action accusing the bank of misclassifying them as overtime-exempt, saying the bank's parent company cannot evade liability because its operations are intertwined with its subsidiary's.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit

    A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.

  • April 03, 2024

    Drivers' Collective In Bimbo Wage Suit Can Include 3 States

    A Vermont federal judge said that a collective in a suit claiming Bimbo Bakeries misclassified delivery workers as independent contractors can span three states, saying that the court has jurisdiction for out-of-state claims.

  • April 03, 2024

    Use Of Injunctions Against Agency Rules Raises Eyebrows

    Challenges to rules issued by the U.S. Department of Labor and other federal agencies that seek preliminary injunctions have drawn increasing scrutiny as these cases have multiplied and courts issue orders with a nationwide impact, attorneys told Law360.

  • April 03, 2024

    Dollar General Meal Break, OT Suit Sent To Arbitration

    A South Carolina federal judge on Wednesday shuttled into arbitration a proposed class action accusing Dollar General of automatically deducting meal and rest breaks from workers' time sheets and forcing them to work while they are off the clock, saying the plaintiffs had signed valid arbitration agreements.

  • April 03, 2024

    Ariz. Contractor To Pay $909K To End DOL Wage Suit

    A contractor in Arizona will pay $909,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it failed to pay overtime wages and keep accurate records, according to court papers.

  • April 03, 2024

    Fed. Circ. Backs Firing IRS Agent Who Golfed On Agency Time

    A former senior appraiser for the Internal Revenue Service was appropriately fired for golfing on company time, a federal appeals court affirmed Wednesday.

  • April 02, 2024

    'Road Not Taken': Uber Defends Verdict With Poetic Flair

    Making reference to Robert Frost's poem "The Road Not Taken," Uber Technologies Inc. on Monday said a group of UberBlack drivers chose their road when they urged a Pennsylvania federal court to consider less than a unanimous verdict, and could not turn back around when the jurors leaned toward declaring them independent contractors.

  • April 02, 2024

    2 More Poultry Cos. Settle Wage-Fixing Suit

    Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.

  • April 02, 2024

    Judge Strips State Law Claims From Suit Seeking Preshift Pay

    A Michigan federal judge cut claims for wages asserted under state law from a call center worker's proposed collective action, without prompting, ruling that differences between state and federal wage laws overly complicated the case and posed risk of confusion for a future jury.

  • April 02, 2024

    Truckers Reach $2.5M Deal On Sleeper Berth Claim

    A transportation company and its subsidiary said they won't challenge a First Circuit ruling that time long-haul truckers spend in sleeper berths is compensable, agreeing to shell out a $2.5 million judgment on top of an already approved $12.5 million deal.

  • April 02, 2024

    Hertz Says Varying Duties Doom Collective Cert. In OT Row

    Hertz urged a Florida federal court to reject a bid to certify a collective of workers who allege they were misclassified as managers, arguing that their duties varied too widely for them to be lumped together as a cohesive unit.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Dental Co. Cuts Corners On OT Pay, Ex-Worker Says

    A dental company has not paid its hourly workers all their overtime wages owed, nor does it pay them on a weekly basis as New York Labor Law requires for manual workers, a former dental assistant claimed in a proposed collective action launched in federal court.

  • April 02, 2024

    Golf Workers Tell Full 11th Circ. They Weren't Volunteers

    An Eleventh Circuit panel's decision that a Florida county wasn't the employer of three golf court attendants clashes with precedents set by appeals courts and the U.S. Supreme Court, the trio said, urging the full circuit court to step into their wage dispute.

  • April 02, 2024

    Littler Adds Jackson Lewis Employment Pro In San Diego

    Littler Mendelson PC has added a shareholder in its San Diego office from Jackson Lewis PC, bringing on an attorney who has more than a decade of experience representing employers in both state and federal matters.

  • April 02, 2024

    Fish Processors, Seafood Cos. Settle COVID Quarantine Suit

    Two fish processors told a Washington federal judge they reached a deal to end a suit alleging their employers violated minimum wage requirements when they implemented mandatory quarantines during the COVID-19 pandemic.

  • April 02, 2024

    Wash. Thai Restaurants Pay $138K For OT Infractions

    Five Thai restaurants under common ownership in Washington paid nearly $138,000 in back wages, damages and fines for denying 51 workers overtime rates, the U.S. Department of Labor announced Tuesday.

  • April 02, 2024

    Emirates Can't Sink COVID-19 Severance Suit

    A New York federal judge refused to toss a proposed class action alleging the airline Emirates withheld severance from American workers after they were furloughed and then let go during the COVID-19 pandemic, ruling the employees showed they may have been owed extra money.

Expert Analysis

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.