Wage & Hour

  • 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.

  • April 02, 2024

    SC Pub Pays $126K For Tip Violations

    A restaurant and pub in South Carolina paid nearly $126,000 in back wages to 23 workers for improperly distributing and using tips, the U.S. Department of Labor announced Tuesday.

  • April 02, 2024

    What To Know About Ill. Equal Pay Registration Requirements

    The deadline for employers in Illinois to apply for an equal pay registration certificate — which involves submitting wage and demographic information and attesting that workplace anti-bias compliance is up to snuff — recently passed. Here's what businesses there need to know.

  • April 02, 2024

    Gas Supplier Stiffed Managers On OT Pay, Suit Claims

    A gas supplier has not been paying its branch managers overtime wages, instead paying them a salary and designating them as overtime-exempt, two former managers said in a proposed collective action filed in Pennsylvania federal court.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Fla. Judge Refuses To Pause Wage Rule For H-2A Workers

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.

  • April 01, 2024

    Drivers Tell 9th Circ. LLCs Are Arbitration-Exempt Workers

    A group of Amazon delivery drivers urged the Ninth Circuit to take no notice of a recent decision by the Sixth Circuit that transportation industry LLCs are not exempt from arbitration, saying the decision was wrong on the law and featured drivers who worked under vastly different contracts.

  • April 01, 2024

    Worker Says Mich. School Staffing Co. Underpaid For OT

    A security guard and support worker for at-risk youth in public schools alleged in a proposed class and collective action filed in Michigan federal court that the staffing firm that employed him breached its obligation to pay time-and-a-half wages for overtime work.

  • April 01, 2024

    9th Circ. Revives Janitor's Representative Wage Claims

    The Ninth Circuit reversed a district court's order that dismissed representative claims against janitorial franchiser Coverall North America Inc. under California's Private Attorneys General Act, saying a change in legal precedent allows nonindividual claims to stay in court while individual claims undergo arbitration.

Expert Analysis

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.