Wage & Hour

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    DOL Wants Early Win In Support Co. Misclassification Suit

    The U.S. Department of Labor urged a Florida federal judge to grant it a pretrial win in its suit accusing a customer support services provider of misclassifying 22,000 workers as independent contractors, saying it's clear the company has near-total control over their work.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 17, 2024

    Flight Crews Get Step Closer To In-Flight Nursing Breaks

    The enactment of the Federal Aviation Administration Reauthorization Act paves the way for in-flight crew members to finally have the right to express breast milk by requiring the FAA to address safety concerns head-on, attorneys say.

  • May 17, 2024

    Worker's OT Suit Against Oilfield Co. Pushed To Arbitration

    An oilfield services company can push into arbitration an ex-oil rig worker's unpaid overtime suit, after a Texas federal judge sided with the company, staying the suit pending arbitration.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    EPA Doctor Not A Whistleblower For Slamming Lead Plan

    A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.

  • May 16, 2024

    Home Health Co., Aides Settle OT Suit Over Shift Tracking

    A home health care organization and two workers asked an Ohio federal judge Thursday to sign off on a $62,000 settlement resolving claims that the company underpaid overtime wages by separately tracking the day and night shift hours that employees worked in a single week.

  • May 16, 2024

    High Court Decision Requiring A Stay Raises More Questions

    The U.S. Supreme Court's unanimous decision Thursday finding that federal courts must honor a request to stay a case after ordering the dispute into arbitration leaves an important subsequent question unresolved: What happens if neither party requests a stay?

  • May 16, 2024

    Calif. Panel Says Signature Wasn't Rebutted On Arbitral Pact

    A worker failed to show that a signature in an employee handbook containing an arbitration clause wasn't his, a California state appeals court ruled, flipping a trial court's decision that denied a mining company's bid to arbitrate his wage and hour suit.

  • May 16, 2024

    Wis. Appeals Court Undoes Corrections Workers' Wage Class

    A Wisconsin appeals court dissolved a class of state Department of Corrections employees who argued they are owed pay for the time they spent undergoing security checks and walking to and from their assigned work posts, ruling a lower court used an invalid legal theory in certifying the group.

  • May 16, 2024

    Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • May 16, 2024

    Pressure Mounts On Biden Admin To Finalize Regulations

    The U.S. Department of Labor and other federal agencies face pressure to complete rulemaking this month because a window opens soon that will make it easier for Republicans in Congress to wipe away regulations if they and former President Donald Trump sweep the November elections, experts told Law360.

  • May 16, 2024

    Delta, Flight Attendants Ink $16M Deal To End Wage Suit

    Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.

  • May 16, 2024

    SC Convenience Store Pays $154K For OT Violations

    A gas station and convenience store in South Carolina paid nearly $154,000 for denying workers overtime rates, the U.S. Department of Labor said.

  • May 16, 2024

    Justices Say Courts Must Stay Suits Sent To Arbitration

    The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.

  • May 16, 2024

    Justices Say Deadline To Appeal Furlough Denial Is Flexible

    The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.

  • May 15, 2024

    Georgia Justices Weigh State Immunity In Trooper's Wage Suit

    Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.

  • May 15, 2024

    Worker Updates Boot-Up Suit After Judge Axes State Claims

    A former call center worker on Tuesday lodged an amended class action complaint seeking boot-up time wages from a home healthcare company, raising only federal claims after a Michigan federal judge earlier this year stripped state law allegations from the suit.

  • May 15, 2024

    Wage Damages Update Isn't Retroactive, NJ Justices Say

    The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.

  • May 15, 2024

    Staffing Co.'s Wage Settlement Gets Approval On 4th Attempt

    After three tries, a Georgia federal judge approved a settlement Wednesday between a staffing firm and two workers who alleged that the firm shorted them on wages by making them work through unpaid meal breaks, finding the latest amendment fixed previous inconsistencies.

  • May 15, 2024

    School District, Teachers Can't Snag Win In Equal Pay Fight

    Neither a Pennsylvania school district nor the female teachers accusing it of paying them less than their male colleagues can snag a win in two consolidated Equal Pay Act suits, a federal judge ruled Wednesday, saying there are still open questions in the cases.

  • May 15, 2024

    Tenn. Restaurant Workers Get Approval Of Tip Violation Deal

    A Nashville, Tennessee, restaurant will pay $375,000 to end a collective action claiming it stiffed tipped employees on their full wages, after a Tennessee federal judge signed off on a settlement. 

  • May 15, 2024

    AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit

    An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.

  • May 15, 2024

    Untranslated Arbitral Pact Can Stand In Wage Row, Panel Says

    A California winery's failure to translate an arbitration agreement from English to Spanish doesn't make the pact fraudulent, a state appellate panel ruled, flipping a trial court's decision finding that a group of former cellar workers could keep their wage suit in court.

Expert Analysis

  • There's More To The Helix FLSA Opinion Than Meets The Eye

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    At first blush, the U.S. Supreme Court's recent Helix decision seems remarkable for its determination that an oil rig worker who makes $200,000 a year can still be entitled to overtime, but the decision also offers two more important takeaways about how the Fair Labor Standards Act may be applied, says Nicholas Woodfield at The Employment Law Group.

  • What Employers Need To Know About New Breastfeeding Law

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    The recently enacted federal PUMP Act expands employers' existing obligations to provide breaks and space for certain employees to express breast milk, so employers should review the requirements and take steps to ensure that workers' rights are protected, say Sara Abarbanel and Katelynn Williams at Foley & Lardner.

  • 6 Labor Compliance Questions For Infrastructure Contractors

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    Eric Leonard at Wiley provides a checklist to help both traditional and nontraditional government contractors identify and understand the enhanced labor and employment compliance obligations they assume by taking on a project funded under the Bipartisan Infrastructure Law.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

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    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • New Rulings Show Job Duties Crucial To Equal Pay Act Claims

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    Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

  • Tips For Handling Employee Pay Scale Asks As Laws Expand

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    Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

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    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.