Wage & Hour

  • April 05, 2024

    Reger Rizzo Hit With Race, Gender Bias Suit By Ex-Employee

    Reger Rizzo & Darnall LLP has been sued in Pennsylvania federal court by a former firm legal assistant alleging racial and sex discrimination, and claiming that a hostile, harassing and retaliatory work environment caused her to leave her job.

  • April 05, 2024

    2nd Circ. Spurns DOL Bid To Publish Worker-Friendly Opinion

    The Second Circuit rejected a U.S. Department of Labor request that it publish a nonprecedential opinion concluding that a nurse staffing company's so-called loser-pays arbitration clause was invalid under federal labor law.

  • April 05, 2024

    NY Forecast: Worker's $1 Win In Sex Bias Case At 2nd Circ.

    This week, the Second Circuit will consider a dental hygienist's challenge to a New York federal judge's decision to order a new trial over sexual harassment claims against her former employer that resulted in a jury awarding her $1 in damages. Here, Law360 explores this and other cases on the docket in New York.

  • April 05, 2024

    Arbitration Pact's Lack Of Signature Keeps Wage Suit In Court

    A Texas federal judge refused to send a former swimming pool technician's unpaid overtime suit into arbitration, agreeing with a magistrate judge that an arbitration agreement the worker had to sign wasn't valid because his employer never signed it.

  • April 05, 2024

    Tweak To Colo. Sick Leave Rule Helps Ease Compliance

    A small change Colorado made to its paid sick leave requirement is an example of how the state works with employers to ease compliance, observers told Law360.

  • April 04, 2024

    Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal

    A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.

  • April 04, 2024

    Louisiana Nurses' Attys Sanctioned Over Missed Depositions

    Nurses who abruptly canceled or gave inconsistent testimony at their depositions must pay the hospital they accused of underpaying them nearly $10,000 in sanctions for their lack of cooperation, a Louisiana federal judge ruled Thursday.

  • April 04, 2024

    DOL Defends Federal Contractor Wage Hike At 9th Circ.

    The U.S. Department of Labor told the Ninth Circuit that President Joe Biden had the authority to raise the hourly minimum wage for federal contractors to $15, arguing Thursday that well-settled law confirms that the Procurement Act gives the president broad authority.

  • April 04, 2024

    Wage Law Doesn't Cover Email Seeking Late Pay, Judge Says

    A Virginia federal judge tossed a former client manager's lawsuit alleging the solar power company he worked for fired him after he emailed his supervisor about missing commission payments, saying the email was expressing complaints about compensation owed under a contract, rather than owed under federal law.

  • April 04, 2024

    Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says

    The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.

  • April 04, 2024

    Utility Worker Says Colo. Meter Co. Failed To Pay OT

    A Colorado meter servicing company owes utility locators wages for work they were required to perform before arriving at their work sites and after leaving them, a former worker alleged in a proposed class action filed in state court, saying workers did not receive overtime.

  • April 04, 2024

    Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks

    Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."

  • April 04, 2024

    Pierson Ferdinand Brings On Morgan Lewis Litigator In Philly

    Newly formed Pierson Ferdinand LLP has added a high-stakes employment litigator to its Philadelphia office from Morgan Lewis & Bockius LLP.

  • April 04, 2024

    Okla. Mortuary Pays $463K To Resolve OT Violations

    A mortuary in Oklahoma City paid nearly $463,000 for denying 66 workers, many of whom worked more than 50 hours a week, overtime rates, the U.S. Department of Labor announced.

  • April 04, 2024

    DOL, Mich. Hotel Settle Wage Suit

    A hotel in Michigan will pay $110,000 in back wages and damages to settle a U.S. Department of Labor suit accusing it of not paying workers their full wages, according to an order in Michigan federal court.

  • April 04, 2024

    Telecom Co. Stiffed Tower Techs On Pay, Suit Says

    A telecommunications company did not pay its tower technicians all their wages owed, a group of ex-workers alleged in a proposed collective action in Illinois federal court, saying the company deducted meal breaks they worked through and skimped on overtime premiums.

  • April 04, 2024

    Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit

    The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.

  • 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.

Expert Analysis

  • 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.

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

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    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.