Wage & Hour

  • December 10, 2024

    Amazon Wants Quick Appeal Of Drivers Collective Order

    Amazon urged a Washington federal court to greenlight an appeal of an order disbursing collective notices to about 1 million delivery workers who claimed they were misclassified as independent contractors, saying questions on tolling and arbitration deserve the Ninth Circuit's intervention.

  • December 10, 2024

    Conn. AG Invited To Weigh In On Nurses Union's OT Dispute

    A Connecticut federal judge has given the state's attorney general a chance to intervene in a nurses union's suit against a hospital over its practice of requiring nurses to work overtime, saying the constitutionality of a new state statute is at the heart of this dispute.

  • December 09, 2024

    Roberts Questions Gov't View On Reservist Top-Up Pay Law

    U.S. Supreme Court Chief Justice John Roberts on Monday pressed the federal government to explain why federally employed military reservists called to duty during emergencies aren't always owed top-up payments, suggesting it made a strained interpretation of differential pay law.

  • December 09, 2024

    3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order

    The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.

  • December 09, 2024

    NHL Dropped From Antitrust Suit By Junior League Players

    The junior-league hockey players who accused the North American developmental system of exploitation and abuse in a proposed antitrust class action voluntarily dismissed the NHL from the suit on Monday, less than two weeks after the Canadian Hockey League was dismissed by a New York federal judge.

  • December 09, 2024

    Trade Groups Unharmed By Wage Rule Changes, DOL Says

    The U.S. Department of Labor urged a Texas federal court to grant it a win in two trade associations' lawsuit over its final rule updating prevailing wage rates for federal construction projects, saying the groups can't show they are harmed by these Davis-Bacon Act changes.

  • December 09, 2024

    Supermarket, DOL Ink $193K Deal In OT, Retaliation Suit

    A Mexican supermarket in Michigan will pay $192,500 to end a U.S. Department of Labor suit alleging it stiffed workers on overtime, demanded they return back wages from a previous agency probe and instructed them to lie to investigators, according to court papers filed Monday.

  • December 09, 2024

    No Rehearing Needed On OT Threshold, DOL Tells 5th Circ.

    The U.S. Department of Labor urged the Fifth Circuit to let stand its opinion that the department has the authority to create a salary threshold as part of its role in defining overtime exemptions, saying the ruling doesn't conflict with holdings from the U.S. Supreme Court.

  • December 09, 2024

    Workers Were Notified Of Tip Credit, Buffalo Wild Wings Says

    A Buffalo Wild Wings franchise urged an Ohio federal court not to grant workers a win in their suit accusing the company of illegally claiming a tip credit, saying it properly alerted workers it was doing so and was under no obligation to spell out what that meant.

  • December 09, 2024

    Justices Spurn Worker's Challenge To 'Honest Belief' Firing

    The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.

  • December 07, 2024

    Up Next: Environmental Reviews, Wire Fraud & TM Awards

    The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.

  • December 06, 2024

    GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight

    Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington. 

  • December 06, 2024

    Nurses Union's OT Suit Must Be Tossed, Hospital Says

    A hospital urged a Connecticut federal court to throw out a nurses union's lawsuit that seeks to bar the hospital from forcing nurses to work overtime, saying the union's attempt to invoke a state law flies in the face of the terms set out in a collective bargaining agreement.

  • December 06, 2024

    Tech Firm Says Unpaid Expenses Suit Belongs In Arbitration

    A customer experience technology company urged a Colorado federal court Friday to throw out a lawsuit from a remote worker who said the company required her to purchase high-speed internet and a computer but didn't reimburse her for these costs, saying the former employee signed a valid arbitration agreement.

  • December 06, 2024

    DOL Wage Chief Talks Legacy, Advice For Successor

    The U.S. Department of Labor wage chief has a busy final few weeks, with a new proposed rule and opinion letters, and as the agency transitions to an administration that is expected to have different policy priorities. Jessica Looman spoke with Law360 about end-of-term priorities and the administration’s wage and hour legacy, and offered advice for her successor.

  • December 06, 2024

    No Proof Man Promoted Over Woman At Banking Dept., NJ Says

    New Jersey has urged a state court to throw out gender discrimination and retaliation claims from a former acting director at the New Jersey Department of Banking and Insurance, arguing she didn't show she was passed over for a promotion because of her gender.

  • December 06, 2024

    Calif. Forecast: Bay Area Transit Agency Seeks Vax Trial Redo

    In the coming week, attorneys should watch for a potential ruling on a motion for judgment or a new trial in a COVID-19 vaccination mandate case by San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • December 06, 2024

    NY Forecast: 2nd Circ. Weighs Reviving Prevailing Wage Suit

    This week, the Second Circuit will consider an attempt from workers to revive their suit accusing a fire suppression company of violating state and federal wage and hour law by not paying them prevailing wages on public projects. Here, Law360 looks at this and other cases on the docket in New York.

  • December 06, 2024

    Ford Fails To Pay OT, Production Workers Say

    Ford Motor Co. violated state and federal laws by failing to pay certain employees overtime wages despite not employing them in an executive capacity and requiring them to work more than 40 hours per week, a proposed class action filed in Ohio federal court said.

  • December 05, 2024

    Judge Recommends Axing Some Claims In X Severance Suit

    A Delaware federal judge on Thursday recommended pruning of a 14-count suit filed by six former Twitter employees accusing the company now known as X and Elon Musk of contract breaches and other claims in connection with Musk's takeover of the social media giant in 2022.

  • December 05, 2024

    5th Circ. Tip Rule Order Doesn't Apply To Restaurant Pay Suit

    A Colorado federal judge on Thursday kept alive a suit by tipped servers accusing a steakhouse chain of underpayment, rejecting the chain's invitation to rely on the Fifth Circuit's decision striking the U.S. Department of Labor's final rule on tipped wages.

  • December 05, 2024

    Yard Co. Workers End Unpaid Overtime Lawsuit

    Employees of a yard management company who accused their former employer of failing to pay them overtime wages despite requiring them to work more than 50-hour weeks have ended their proposed class and collective action against the company, a filing in Illinois federal court said.

  • December 05, 2024

    Black Corrections Worker Says Bias Cost Him 5 Promotions

    A Black and Nigerian-born Ohio prison worker in his sixties accused the prison he once worked in of discriminating against him for his race, his national origin and his age Thursday, claiming in a new lawsuit that he was passed over for five separate promotions because of the purported bias.

  • December 05, 2024

    Police Commissioners Want Officers' Withheld OT Suit Tossed

    Current and former Philadelphia Police Department commissioners and human resources directors urged a Pennsylvania federal court to throw out a proposed class action by ranking officers alleging that the department failed to alert them of their overtime eligibility, saying the case was brought too late.

  • December 05, 2024

    Law Professor Can't Unseal PF Chang's Wage Deal Amounts

    A Pennsylvania federal judge ruled Thursday that a Georgia law professor can't intervene or unseal a settlement restaurant chain P.F. Chang's and more than 6,000 tipped servers struck, saying doing so would hurt the parties.

Expert Analysis

  • 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.

  • 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

    Excerpt from Practical Guidance
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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.