Wage & Hour

  • May 13, 2024

    DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

    The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.

  • May 13, 2024

    NJ Justices Hold Contract Supersedes Real Estate Wage Law

    The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.

  • May 13, 2024

    Popeye's Franchisee, DOL End Probe Interference Suit

    A Popeye's franchisee and one of its managers will end a U.S. Department of Labor suit in Pennsylvania federal court claiming they lied to and threatened department investigators, after a federal judge approved a deal Monday.

  • May 13, 2024

    Ex-Raleigh Cop Wants OT Suit Kept Alive

    An ex-police officer accusing the City of Raleigh, North Carolina, of forcing its officers to accept time off instead of overtime urged a federal court to deny the city's request to toss the suit, saying the city should be held accountable for failing to pay overtime.

  • May 13, 2024

    Workers Want $775K In Atty Fees After Multistate Wage Verdict

    An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.

  • 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.

Expert Analysis

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.