Wage & Hour

  • 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.

  • May 15, 2024

    Last-Mile Amazon Driver Does Interstate Work, Panel Says

    A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.

  • May 15, 2024

    IT Recruiters Pursue Win Against Staffing Co. In OT Class Suit

    Recruiters for tech staffing company TEKsystems have asked a California federal judge to award them a pretrial win on their claim that the company misclassified them, saying recruiters are entry-level employees, not managers, so they don't qualify for the narrow exemption to California's overtime statute.

  • May 15, 2024

    Chemical Biz's Worker Numbers Can't Keep Wage Suit Federal

    A chemical company failed to show that more than 100 workers would be part of a proposed class in a suit claiming unpaid wages, a Pennsylvania federal judge ruled, sending the suit back to state court.

  • May 15, 2024

    Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says

    The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.

  • May 15, 2024

    FedEx Contractor Wage Deal Needs Work, Judge Rules

    A California federal judge wouldn't sign off on a settlement for more than $33,000 between a FedEx contractor and delivery drivers to partly end a wage suit that named both FedEx and the contractor, telling the parties the terms lacked necessary information.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Conn. Retaliation Suit Advances After Justices' Title VII Ruling

    With a recent U.S. Supreme Court opinion said to be illuminating the path forward, a federal judge in Connecticut has declined to dismiss a case by a self-described former "high-level" employee of a private equity firm who alleges she was fired after raising concerns about her employer's treatment of women.

  • May 14, 2024

    Revised $2.25M Walmart OT Deal Fails For Lack Of Changes

    A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.

  • May 14, 2024

    Intervenors Can't Convince Appeals Court to Ax PAGA Deal

    A California state appeals court found that a trial court properly evaluated and approved a deal ending a Private Attorneys General Act lawsuit, disagreeing that intervenors were owed input in the case and rejecting the state labor department's assertion that the settlement was a "reverse auction."

  • May 14, 2024

    Domino's Operator Can't Arbitrate Car Reimbursement Suit

    The operator of Domino's Pizza franchise stores can't push into arbitration a driver's suit claiming under-reimbursement, a Tennessee federal judge ruled, saying the operator is not part of an arbitration pact the worker signed.

  • May 14, 2024

    Eli Lilly Can Challenge Collective Cert. Ruling In Age Bias Suit

    An Indiana federal judge said Eli Lilly & Co. can immediately appeal a decision certifying a collective in a suit accusing the pharmaceutical company of favoring millennials over older workers for promotions, agreeing that the Seventh Circuit should clarify the requirements for moving forward collectively.

  • May 14, 2024

    California Pot Worker's Suit Alleges Slurs, Unpaid Overtime

    A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.

  • May 14, 2024

    Lyft Driver Urges Justices Not To Review PAGA Case

    The U.S. Supreme Court already made clear that state courts "have the last word" on the arbitration fate of nonindividual Private Attorneys General Act claims, a Lyft driver said, saying there's no need for the justices to weigh in on his misclassification case.

  • May 14, 2024

    DOL Scores Order To Stop Diner From Intimidating Workers

    An Indiana diner must stop retaliating against workers cooperating with a U.S. Department of Labor probe into its pay practices after a federal judge granted the agency's request for an injunction.

  • May 14, 2024

    DoorDash's $664K Misclassification Deal Gets Final Approval

    A California federal judge gave the final sign-off on a $664,000 settlement ending claims that DoorDash misclassified delivery drivers as independent contractors and failed to pay minimum wage, finding the terms to be a fair resolution of the dispute.

  • May 13, 2024

    Driver Asks For Discovery Greenlight After 6th Circ. Ruling

    A driver for a Domino's franchisee told an Ohio federal court his suit claiming under-reimbursement for vehicle-related expenses should proceed normally after the Sixth Circuit weighed in, saying the appellate court's decision doesn't lead to a different way forward.

  • May 13, 2024

    Calif. Hyatt's $725K Wage Deal Scores Final OK

    A California federal judge Monday placed the final stamp of approval on a $725,000 deal resolving over 600 workers' wage claims against Hyatt, finding the terms to be a reasonable resolution, but trimmed the workers' attorney fees award because the case didn't warrant a larger-than-usual award.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.