Wage & Hour

  • March 21, 2024

    Calif. Panel Says PAGA Suit Doesn't Need Individual Claim

    A California panel said a worker can sue an agriculture company under the Private Attorneys General Act even if she didn't advance individual claims under the state law, flipping a lower court's ruling striking her suit.

  • March 21, 2024

    Government Contractor Wants Out Of Exit Pay Suit

    A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.

  • March 21, 2024

    SkyWest, Ex-Pilots Seek OK Of $650K Wage Settlement

    SkyWest Airlines and a group of ex-pilots asked a California federal judge to approve a $650,000 settlement ending a suit accusing the airline of failing to pay minimum wage, saying the deal is a more than fair and reasonable resolution.

  • March 21, 2024

    Construction Workers Get $199K In Back Pay After DOL Probe

    The U.S. Department of Labor recovered more than $199,000 in back wages for 37 workers denied their full wages and benefits by a Massachusetts-based construction subcontractor working on a federally funded project at a U.S. Department of Veterans Affairs medical center in Rhode Island, the DOL said.

  • March 20, 2024

    Bridge Repair Workers Get Partial Cert. In Conn. OT Suit

    A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.

  • March 20, 2024

    Uber Spars With Calif. At 9th Circ. Over Rationality Of AB 5

    The full Ninth Circuit on Wednesday appeared to not lean one way or the other in determining whether California's Assembly Bill 5 is rational or irrational, indicating that the future of the worker classification law remains uncertain.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    3 Areas Where Equal Pay Progress Is Lacking

    Legislation across all levels of government has spurred progress on pay equity but critical gaps persist, such as the limited information employees have on their company's pay practices and the need to think about equal pay beyond compensation, attorneys say.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    Pa. Insurance Broker On Hook For Not Paying Real OT

    A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    NYC Now Lets Workers Sue For Sick Leave Violations

    A New York City law took effect Wednesday that allows workers to sue their employers for safe and sick leave violations without having to file an administrative complaint first.

  • March 20, 2024

    UFC To Pay Fighters $335M To Settle Wage Suppression Suit

    The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    11th Circ. Wage Ruling Highlights Volunteer Benefit Pitfalls

    An Eleventh Circuit ruling that a public agency operating golf courses did not owe a proposed class of golf attendants wages because they were not employees shows that clarity is needed when enlisting volunteers, attorneys said. Here, Law360 explores the issue.

  • March 19, 2024

    NBT Stiffs Tellers For Security Procedures, Workers Say

    NBT Bancorp violates the Fair Labor Standards Act and New York state wage law by failing to compensate bank tellers for time spent preparing banks to open and close for the day, two workers alleged in a proposed class and collective action filed in New York federal court.

  • March 19, 2024

    Coal Workers, Mining Cos. Settle Wage Suit

    A group of coal mining companies and a collective of miners who allege they were compelled to perform pre- and post-shift work without adequate overtime compensation told a Kentucky federal court they have reached a settlement to their over 4-year-old dispute.

  • March 19, 2024

    Fishery Says DOL Stonewalling Discovery In H-2A Probe

    The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.

  • March 19, 2024

    Philly Paralegals Get OK For OT Collective, But Not Class

    A group of some 200 paralegals in the Philadelphia District Attorney's Office may pursue claims of unpaid overtime compensation as a collective but not a class, a Pennsylvania federal court held, finding a proposed class of representatives lacked evidence of a common injury.

  • March 19, 2024

    4th Circ. Judges Vexed By Disputes In Inmates' Wage Suit

    The Fourth Circuit appeared poised Tuesday to revive claims by Maryland inmates seeking minimum wage for doing county recycling work, with judges indicating that the case is still plagued by unknowns.

  • March 19, 2024

    Software Co. Owes Back OT Wages, Payroll Worker Says

    A software company classified its payroll analysts overtime-exempt and did not pay them back wages for the hours worked over 40 in a week after reclassifying them, a former payroll worker claimed in a proposed collective and class action filed in New York federal court.

  • March 19, 2024

    Nurses Snag Collective Cert. In OT Suit Against Insurance Co.

    A Maryland federal judge signed off on a collective of nurses in an overtime suit, turning down a health insurance company's request to use a stricter, one-step method to grant collectives under the Fair Labor Standards Act.

  • March 19, 2024

    Vermont Restaurant To Pay $58K For Tip Violations

    A restaurant in Vermont will pay nearly $58,000 to resolve a U.S. Department of Labor suit accusing it of pocketing tips and firing two workers who complained, according to court papers filed Tuesday in Vermont federal court.

  • March 19, 2024

    Alston & Bird, Ex-Staffer Dodge Ga. Judge's Contempt Threat

    A Georgia federal judge in a hearing Tuesday backed off a threat to hold in contempt lawyers for Alston & Bird LLP and a former diversity staffer who sued the firm, alleging unpaid overtime claims, over their repeated failures to file a $55,000 settlement agreement with the court.

Expert Analysis

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

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    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

  • Illinois Paid Leave Law May Create Obstacles For Employers

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    Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • A DOL Reminder That ADA Doesn't Limit FMLA Protections

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    A recent U.S. Department of Labor opinion letter and some case law make clear that the Family and Medical Leave Act fills in gaps where the Americans with Disabilities Act may not neatly apply, however the agency ignored a number of courts that have supported termination when "no overtime" restrictions effectively reduce a position to part-time, says Jeff Nowak at Littler Mendelson.