Wage & Hour

  • May 13, 2024

    Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins

    A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 13, 2024

    Ind. Home Health Co. Pays $151K For OT Violations

    A home healthcare company in Indianapolis paid more than $151,000 in back wages and damages for denying 32 workers overtime rates, the U.S. Department of Labor announced.

  • May 13, 2024

    Delivery Co. Seeks To Halt Worker's Appeal Bid In OT Suit

    A delivery company urged an Ohio federal judge not to allow a package courier to appeal to the Sixth Circuit the decertification of a collective of workers alleging the company misclassified them as independent contractors, saying the appeal would not hasten the end of the dispute.

  • May 10, 2024

    Wash. Judge Doubles Hospital System's Penalty In Wage Case

    A Washington state judge has ordered a healthcare system to pay nearly $230 million to 33,000 workers, doubling the damages a jury awarded to the employees in April based on the company's "willful" violations of wage law.  

  • May 10, 2024

    Black Doctor Must Arbitrate Bias Claims Against Hospice Co.

    A Black doctor must arbitrate her claims that she was mistreated by non-Black colleagues at a home healthcare company and fired after raising concerns that it was sidestepping Medicare billing regulations, a California federal judge ruled, finding an arbitration agreement she signed is legitimate.

  • May 10, 2024

    American Airlines Worker Fights To Keep OT Suit Alive

    An American Airlines employee is trying again on a claim that the company owes him overtime pay under the Fair Labor Standards Act, telling an Arizona federal judge Friday that the latest version of his complaint shows he's covered by the FLSA, not the Railway Labor Act. 

  • May 10, 2024

    Employer's Intent Key To Wage Theft Prosecution

    The delta between criminal wage theft and civil wage and hour violations is large, but unpacking the differences between them offers important lessons about intent and the power of the penal code to deter bad behavior, attorneys say.

  • May 10, 2024

    9th Circ. Splits PAGA Claims In Macy's Arbitration Fight

    Macy's can't compel arbitration of nonindividual claims in a worker's wage suit brought under California's Private Attorneys General Act, the Ninth Circuit ruled Friday, saying language in an arbitration pact prevents blending together different types of claims.

  • May 10, 2024

    Workers Say MAC Cosmetics Doesn't Pay OT For Event Prep

    MAC Cosmetics Inc. did not reimburse employees for the time and money spent on makeup, hair and outfit requirements for promotional events and meeting the company's beauty standards, according to a proposed collective action complaint filed in Arizona federal court.

  • May 10, 2024

    Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms

    Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    NYPD K9 Handlers' Overtime Suit Sent To Dog House, For Now

    A group of 11 New York City Police Department dog handlers must revise their unpaid overtime lawsuit to reflect the actual time they allegedly spent at home taking care of their dogs in order to stake a plausible claim for unpaid overtime, a federal judge ruled.

  • May 10, 2024

    PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed

    P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 10, 2024

    Workers Push Back On Citizens Bank's Bid For OT Win

    Pennsylvania wage law requires employers to pay workers overtime rates that include all compensation earned, including commissions, a group of workers accusing Citizens Bank of underpaying overtime wages told a federal judge, urging the court to deny the bank's request for a win.

  • May 10, 2024

    3 Cases Poised To Apply High Court's Arbitration Ruling

    Cases that were in the judicial pipeline when the U.S. Supreme Court handed down a ruling on what workers qualify for a carveout from federal arbitration law are poised to be among the first that apply its holding. Here, Law360 discusses three cases that were frozen in anticipation of the high court's decision.

  • May 09, 2024

    Rail Co. Accused Of Retaliation Over FMLA Use

    CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.

  • May 09, 2024

    NY Healthcare Co. Gets Worker's Wage Suit Trimmed

    An Albany, New York-based health system can escape, for now, a proposed collective claim alleging it denied workers overtime wages, a federal judge ruled Thursday, while preserving a claim that it forced employees to work through their lunch breaks.

  • May 09, 2024

    Tenn. County Untangles Collective In Wage Suit Ahead Of Trial

    A Tennessee county snagged a partial decertification win in a lawsuit accusing it of not properly paying a variety of workers within its sheriff's office, after a federal judge ruled that the workers' differences in jobs prevent collective treatment.

  • May 09, 2024

    Staffing Cos. Can't Dodge DOL Suit Over Wage Clawbacks

    The U.S. Department of Labor can keep pursuing a suit alleging two staffing agencies drew employees' compensation below minimum wage by implementing contractual clawbacks if employees didn't stay for more than three years, a New York federal judge ruled.

  • May 09, 2024

    Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial

    A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.

  • May 09, 2024

    Liquor Co. Ordered To Stop Flouting Law After DOL Wage Deal

    An Indiana federal judge issued an injunction barring a multistate liquor store operator from violating federal labor law after the U.S. Department of Labor accused it of flouting a previous back wage settlement by coercing workers to accept less money than they were owed.

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    DOL Wage Enforcement Penalties Come Under Scrutiny

    Civil monetary penalties aren’t high enough to deter employers from violating wage and hour laws, Democrats in Congress are saying ahead of planned legislation, though employers’ attorneys argue that existing fines are adequate. Here, Law360 explores the penalties debate.

Expert Analysis

  • 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.

  • Pending NCAA Ruling Could Spell Change For Unpaid Interns

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    The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

  • How Managers Can Curb Invisible Off-The-Clock Work Claims

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    There has been a rash of recent federal lawsuits in which nonexempt employees have alleged their employers failed to pay them for off-the-clock work done without their managers' knowledge, but employers taking proactive measures to limit such work may substantially lower litigation risks, says Robert Turk at Stearns Weaver.

  • 5 Potential Perils Of Implementing Employee Sabbaticals

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    As companies try to retain employees with sabbatical benefits amid record-low unemployment rates, employers should be aware of several potential legal risks when considering policies to allow these leave periods, say Jesse Dill and Corissa Pennow at Ogletree.

  • NY Hospitality Employers Face Lofty Compliance Burden

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    As New York hospitality businesses have reopened over the last year, there are more employment compliance considerations now than ever before, including regulations and laws related to wage rates, tip credits, just cause and uniform maintenance pay, say attorneys at Reed Smith.

  • COVID's Impact On Employment Law Is Still Felt 3 Years Later

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    Since COVID-19's onset in the U.S. three years ago, almost every existing aspect of employment law has been shaped by pandemic-induced changes, including accommodation requests under the Americans with Disabilities Act, remote work policies and employer vaccine mandates, say Scott Allen and M.C. Cravatta at Foley & Lardner.

  • Ecolab Ruling Opens Doors For Percentage Bonuses In Calif.

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    California's Second Appellate District recently became the first court in the state to clear the air on percentage bonuses, providing employers who have wanted to offer such bonuses with a new option to do so without having to recalculate the overtime regular rate, says Paul Lynd at ArentFox Schiff.

  • How Employers Can Defend Against Claims Made In Bad Faith

    Excerpt from Practical Guidance
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    When an employer becomes aware of an employee complaint, it should carefully research whether the claim could be characterized as frivolous or in bad faith, and then consider various defense strategies, say Ellen Holloman and Jaclyn Hall at Cadwalader.

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

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    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • Takeaways From Virgin's Wage And Hour Class Action Loss

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    A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.