Wage & Hour

  • October 09, 2024

    Truckers' $700K Wage Settlement Gets Final Approval

    A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.

  • October 09, 2024

    Walmart Should Face Ex-Manager's OT Suit, Judge Says

    A Georgia federal judge recommended denying Walmart's bid to escape a former manager's lawsuit alleging she was incorrectly classified as overtime-exempt, saying Wednesday she put forward enough details to show she worked more than 40 hours a week on several occasions without extra pay.

  • October 09, 2024

    NJ Law Firm Gets Partial Win In Dispute With Ex-Employees

    The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.

  • October 09, 2024

    DOL Fines Farm Labor Contractor, Bars It From H-2A Program

    A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.

  • October 09, 2024

    Applebee's Franchisee Wants Tip, Wage Suit In Arbitration

    An Applebee's franchisee urged a Virginia federal court to push into arbitration two workers' proposed collective action alleging tip credit and minimum wage violations, arguing that the workers signed valid, binding arbitration agreements covering their claims.

  • October 08, 2024

    Staffing Co., Urgent Care Blast Late-Pay Suit As 'Nonsensical'

    A staffing company and an urgent care that provides services at New York City migrant facilities said a suit claiming they paid hourly workers late or not at all was "nonsensical," urging a New York federal court to toss the proposed class and collective action.

  • October 08, 2024

    Citrus Co. Can't Squeeze Out A Win In Wage Dispute

    A California federal judge refused to throw out a lawsuit from seasonal agricultural workers alleging a citrus company forced them to work off the clock, saying the company's argument that the case should be dismissed because its labor contractors weren't named is "patently meritless."

  • October 08, 2024

    Freelancers' Challenge To DOL's Contractor Rule Can't Stand

    Four freelance writers and editors failed to show how they are being hurt by the U.S. Department of Labor's final rule determining whether workers are independent contractors under federal law, a Georgia federal judge ruled, tossing their suit challenging the rule.

  • October 08, 2024

    3 Wage Cases To Watch As Justices Return To Bench

    The U.S. Supreme Court is set to hear arguments regarding the overtime exemption for outside sales employees, and the justices are also weighing petitions related to federal contract worker minimum wage and California’s worker classification law. As the justices return to the bench, here are wage and hour cases before them.

  • October 08, 2024

    Airlines Say Chicago Sick Leave Law Would Impact Business

    An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.

  • October 08, 2024

    DOL Tells 5th Circ. Decision On Tip Rule Is Too Broad

    The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.

  • October 08, 2024

    Colo. Freed From Union Protest Of Southwest Sick Leave Deal

    Colorado isn't on the hook for claims by a union representing Southwest Airlines flight attendants related to a settlement between the state and airline about a sick leave law, a state court judge ruled, finding the union lacks standing to raise its allegations.

  • October 08, 2024

    Maintenance Co. To Pay $245K To End Wage Suit

    A facilities maintenance company in New York will pay $245,000 to end a proposed collective action in federal court alleging it ran afoul of state and federal law when it failed to pay proper minimum and overtime wages, according to court filings.

  • October 08, 2024

    Harvard Says Ex-Coach's Pay, Retaliation Suit Falls Flat

    Harvard University has urged a Massachusetts federal judge to dismiss a former ice hockey coach's suit alleging she was paid less than her male counterparts and was forced into retirement, arguing the claims were mostly made after the statute of limitations had expired and failed to make a connection to an action taken by the school.

  • October 08, 2024

    Harlem Meals On Wheels Strikes $75K Deal To End Wage Spat

    A Harlem branch of Meals on Wheels reached a $75,000 settlement to resolve a group of former workers' suit alleging they were paid less than minimum wage and didn't receive overtime pay, a filing in New York federal court said.

  • October 07, 2024

    UFC Fighters Urge Judge To Greenlight $375M Settlement

    A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.

  • October 07, 2024

    7th Circ. Revives Wage Claim In Sales Rep's Bonus Suit

    A sales associate adequately showed that he and the technology and consulting company employing him had an agreement under which he would receive a bonus after meeting a sales target, the Seventh Circuit ruled, sending his wage claim back to Illinois federal court.

  • October 07, 2024

    Hospital Says 5th Circ. Should Weigh In On Decertification Bid

    A hospital operator urged a Louisiana federal court Monday to allow the Fifth Circuit to decide whether a collective of nurses should be disbanded, arguing the appeals court has not yet determined if decertification is permissible when a trial court uses a more rigorous standard to greenlight certification.

  • October 07, 2024

    Health Co. Strikes Deals To Exit Unpaid Wage Suits

    A healthcare company and its subsidiaries settled several lawsuits alleging they failed to provide workers with uninterrupted meal breaks and miscalculated overtime wages, according to filings in federal courts.

  • October 07, 2024

    Tortilla Manufacturer Pays $132K After DOL Wage Probe

    A tortilla manufacturer in California paid more than $132,000 in back wages and damages for denying 72 workers their full wages, the U.S. Department of Labor announced Monday.

  • October 07, 2024

    DOL Office Taps Agency Veteran To Lead Southeast Region

    The acting director of the U.S. Department of Labor's Office of Federal Contract Compliance Programs said Monday that a 16-year OFCCP veteran is now its Southeast regional director.

  • October 07, 2024

    Cargill Meat Inks Deal To End 3 Wage Suits

    Cargill told a California federal court it has agreed to end three proposed class actions claiming the food and meat processing company failed to pay wages and overtime and violated meal and rest break regulations.

  • October 07, 2024

    NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement

    A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.

  • October 07, 2024

    High Court Passes On Warehouse Worker Arbitration Bid

    The U.S. Supreme Court refused on Monday to take up an appeal by a staffing agency that argued a worker who moved Adidas merchandise in a warehouse didn't fall under a federal exemption from arbitration requirements and should have his wage suit kicked out of court.

  • October 07, 2024

    Staffing Co. Workers Want Rethink In Class Status Denial

    Several workers urged a North Carolina federal judge to rethink her decision denying them class treatment in their suit accusing a staffing company of paying them less than the minimum wage, saying the judge was wrong to conclude that insufficient events took place within the state.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.