Wage & Hour

  • March 27, 2024

    Ex-Copywriter Urges Judge To Keep Wage Suit Alive

    A former copywriter accusing a media company of misclassifying its content creators as independent contractors implored a Michigan federal judge to ignore the company's request to send the suit into arbitration, saying it's not the court's responsibility to assuage the company's "buyers' remorse" and rewrite its contractor pact.

  • March 27, 2024

    State & City Roundup: Wage And Hour News To Watch

    Minneapolis' upcoming pay floor for gig drivers may get a second look in the City Council, and Washington, D.C., has joined the wave of requiring pay transparency. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    Ore. Judge Approves Club's Partial Early Win In Wage Suit

    An Oregon federal judge on Tuesday adopted a magistrate judge's recommendation to grant a strip club a partial early win in a group of dancers' wage lawsuit against it, agreeing that the workers' federal wage claims were brought too late and that their retaliation claim hadn't properly identified their employer.

  • March 26, 2024

    Amazon Workers Tag Calif. Ruling On Pay For Screening Time

    Workers accusing Amazon of owing them pay pointed to a newly released California Supreme Court decision to support their arguments that a settlement in a case pending in a Kentucky multidistrict litigation shouldn't go forward, according to a Tuesday filing in California federal court.

  • March 26, 2024

    Gender Pay Bias Claims Against MetLife Allowed To Proceed

    A New York federal judge in Manhattan trimmed hostile work environment and biased firing claims Tuesday from a gender discrimination lawsuit a fired female executive brought against insurance company MetLife, but said there was enough evidence the insurance giant paid her less than her male co-workers and denied her promotions.

  • March 26, 2024

    Calif. Appeals Court Hands Fees To Pizza Driver In Wage Case

    Workers who prevail against their employers in unpaid wage litigation must be awarded reasonable attorney fees and costs, a California appeals court held, even if judges believe those cases are better filed in small claims court.

  • March 26, 2024

    DOL Urges 4th Circ. To Keep $9M Nurse Classification Ruling

    A medical staffing company is trying to circumvent clear error standards simply because it didn't like a federal court's conclusion that the company must pay $9 million in a misclassification suit, the U.S. Department of Labor told the Fourth Circuit.

  • March 26, 2024

    6th Circ. Ruling Raises Bar For Reimbursing Drivers' Costs

    A Sixth Circuit panel added to confusion about how employers are supposed to reimburse workers' expenses when it vacated lower court decisions that endorsed a pair of methods for tabulating pizza delivery drivers' outlays.

  • March 26, 2024

    Calif. Logistics Co. To Pay $454K To End DOL Wage Suit

    A logistics company in San Diego will pay more than $454,000 in back wages and damages for denying workers overtime and minimum wage rates, according to court papers filed by the U.S. Department of Labor in California federal court Tuesday. 

  • March 26, 2024

    Fed. Circ. Revives VA Pharmacist's Gender Pay Bias Suit

    The Federal Circuit breathed new life Tuesday into a pharmacist's suit alleging she was paid less than a male colleague by a U.S. Department of Veterans Affairs medical center, ruling the federal government can't rely on salary history alone to dispel gender bias claims.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    Tortilla Co. Can't Scrap Drivers' Unpaid OT Claims

    A tortilla manufacturer must face claims that it illegally denied two drivers overtime wages after a Texas federal judge denied the company's request for an early win, saying it had not proven that an exemption for outside sales workers applied to the drivers.

  • March 26, 2024

    Workers, Athena Health Seek OK For Meal Break Wage Deal

    Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.

  • March 25, 2024

    Gorsuch Irked At Having To Decide $3K Furlough Dispute

    Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.

  • March 25, 2024

    Waiting For Car Security Checks Is Work, Calif. Justices Say

    Time spent by workers undergoing an employer's security check that includes an inspection of the worker's personal vehicle is compensable as hours worked, but time spent driving between the security gate and the parking lot is not, the California Supreme Court ruled Monday, answering a Ninth Circuit panel's queries.

  • March 25, 2024

    DOJ Slammed For Backing GEO Group In Detainee Wage Fight

    A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.

  • March 25, 2024

    Ex-Boar's Head Worker Gets Collective Cert. In Late Pay Suit

    A New York federal judge said a former Boar's Head employee showed that other workers are similarly situated in his late pay suit, granting the worker's bid for conditional certification of a collective.

  • March 25, 2024

    X Can't Boot Severance Suit To Arbitration, Ex-Worker Says

    A former employee told a Delaware federal court that X Corp. can't derail a suit alleging it owes $500 million for skimping on severance pay after Elon Musk took over and fired thousands of workers, saying X breached the pact it's trying to use to force arbitration.

  • March 25, 2024

    5th Circ. Told Procurement Act Limits Biden's Wage Power

    The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.

  • March 25, 2024

    DC Health Dept. Contractor Pays $560K After DOL Probe

    An operator of group homes under contract with the D.C. Behavioral Health Department paid more than $560,000 for denying 34 workers their full wages and benefits, the U.S. Department of Labor announced Monday.

  • March 25, 2024

    Spending Bill Gives $260M To DOL Wage Division

    The U.S. Department of Labor's Wage and Hour Division is expected to receive $260 million through the end of the fiscal year after President Joe Biden signed off on the latest bipartisan government funding bill.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Tenn. Mechanical Parts Co. Fined For Child Labor Violations

    A Tennessee company that manufactures parts for outdoor power equipment will pay nearly $297,000 in fines and turn over $1.5 million in profits to settle a U.S. Department of Labor suit accusing it of violating child labor laws, according to court filings.

  • March 25, 2024

    Amazon Says Security Time Was Optional, Noncompensable

    Amazon urged a New Jersey federal court to dismiss claims that it illegally withheld pay for time spent in mandatory security screenings, arguing that the undisputed facts establish that those screenings were not mandatory at all.

Expert Analysis

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

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    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.