Wage & Hour

  • October 03, 2024

    Dollar Tree Dodges Retaliation Claims In FMLA Suit

    A former Dollar Tree store manager failed to support her claims that she faced retaliation over her Family and Medical Leave Act request to take time off to care for her disabled son due to the coronavirus pandemic, a Pennsylvania federal judge ruled, handing a partial win to the retailer.

  • October 03, 2024

    Grad Student Says Boston University Policy Delays Wages

    A new policy requiring Boston University graduate students who receive stipends to submit weekly certifications of their hours worked has led to many being paid weeks or even months late, in violation of Massachusetts wage laws, according to a proposed class action filed on Thursday.

  • October 03, 2024

    NCAA's Refined NIL Settlement Still Faces Opposition

    The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.

  • October 03, 2024

    2nd Circ. Reverses Unsealing Of Janitor's Arbitration Award

    A Second Circuit panel ruled that a $57,100 arbitration award in a misclassification suit against a cleaning company must remain confidential, flipping a Connecticut federal court's decision unsealing the award and declining to dismiss the case.

  • October 03, 2024

    Jones Day Parental Leave Bias Claims Must Go To Jury

    Jones Day will have to defend its family leave policy at trial against claims from married ex-associates who say it is discriminatory and violates District of Columbia law, a D.C. federal judge said Thursday in concluding such bias allegations were a close call.

  • October 03, 2024

    Cargill Workers Get Class Status In COVID Screening Pay Suit

    A Pennsylvania federal judge greenlighted a class of hourly Cargill workers who alleged that the food manufacturer unlawfully failed to compensate them for the time they spent going through a COVID-19 screening, rejecting the company's argument that the class is overly broad.

  • October 03, 2024

    Mich. Restaurant To Pay $115K to End DOL Wage Suit

    A seafood restaurant in Michigan will pay $115,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it denied workers their full wages and tips, according to a court filing Thursday. 

  • October 03, 2024

    Denver Says Wage Regulation Not Purely A State Concern

    Denver urged a Colorado federal court to throw out two companies' suit alleging it exceeded its authority in auditing them for wage violations, arguing wage regulation is a local as well as state concern because the cost of living varies across Colorado.

  • October 03, 2024

    Law Profs Urge 7th Circ. To Weigh Collectives' Borders Ruling

    A Seventh Circuit panel's decision that out-of-state workers couldn't join an overtime collective suit by H-2A temporary agricultural workers erodes the Fair Labor Standards Act's goal, a group of law professors said, backing the workers' bid to have the full court weigh in.

  • October 02, 2024

    Worker Says Meta, Shutterstock Paid Her $2M Less Than Men

    A former Giphy engineer alleged in New York federal court that her male colleagues earned over $2 million more than she did after Meta, and later Shutterstock, took over the online database for animated GIFs, despite her complaints that she was being undervalued.

  • October 02, 2024

    Class Cert. In Bonus Suit Against X On The Verge Of Failure

    A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.

  • October 02, 2024

    Driver Says O'Reilly Failed To Fully Compensate Workers

    O'Reilly Auto Parts forced hourly paid employees to work off the clock without compensation and routinely failed to provide them with rest and meal periods, a proposed class action filed in California state court said.

  • October 02, 2024

    Ye Fired Guard When He Asked For His Pay, Suit Says

    Ye, the rapper formerly known as Kanye West, misclassified a security guard as an independent contractor, failed to ever pay him wages and fired him when he complained about it, according to a suit filed in California state court.

  • October 02, 2024

    Teva Sales Workers Get $2.7M Unpaid OT Deal Approved

    A New Jersey federal judge greenlighted a $2.7 million settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical company Teva of unlawfully denying them overtime wages during an extended training program.

  • October 01, 2024

    Wash. Panel Backs Workers' $3.3M Win In Meal Break Suit

    A Washington appeals court refused to upend a class of workers' $3.3 million win in their lawsuit accusing a Seattle-based hospital of failing to provide them with 30-minute meal periods, saying employees in Washington state are entitled to additional pay if they're forced to work through their breaks.

  • October 01, 2024

    3 W&H Tips On Return-To-Office Mandates

    More employers may follow in Amazon's footsteps and require a return to the office, which means employees need to relearn how to track their hours and employers should reevaluate their jurisdictional obligations, among other tips.

  • October 01, 2024

    Background Check Investigators' $335K Wage Deal Gets OK

    A $335,000 wage deal between background investigators and the tech company that employed them can go forward because it is fair and reasonable, a California federal judge said, approving the settlement.

  • October 01, 2024

    Biz Groups Back Uber In AB 5 High Court Fight

    California's Assembly Bill 5 raising the standard to classify workers as independent contractors is unconstitutional because it targets companies like Postmates and Uber, two business groups told the U.S. Supreme Court on Tuesday, urging the justices to take up a Ninth Circuit ruling.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    Workers Say Entertainment Co. Denied Them Wages, Breaks

    An entertainment and hospitality company misclassified workers as independent contractors and deprived them of labor protections including overtime wages and rest periods, a proposed class action filed in California state court said.

  • October 01, 2024

    DOL, NJ Labor Office Partner To Enforce Child Labor Laws

    The U.S. Department of Labor and New Jersey's labor office set up a joint enforcement plan to make sure employers are following child labor law, the DOL announced Tuesday.

  • October 01, 2024

    Sephora Urges Judge To Rethink Advancing Late-Pay Suit

    Beauty products giant Sephora said a New York federal judge used the wrong standard when he departed from a magistrate judge's recommendation and kept alive workers' claims that they were paid late, urging him to reconsider the decision.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • October 01, 2024

    Va. Care Center Pays $25K After DOL Benefits Probe

    A Virginia rehabilitation and nursing care center paid nearly $25,000 for denying workers required benefits and paid sick leave, the U.S. Department of Labor said.

  • September 30, 2024

    Magic City Dancers Claim Atlanta Club Shirked Wage Laws

    A former dancer hit Atlanta's famous adult entertainment club Magic City with a proposed collective action claiming it mischaracterized her and others as independent contractors and willfully failed to comply with federal wage laws.

Expert Analysis

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.