Wage & Hour

  • May 28, 2024

    Calif. Ups Prosecutor Budgets By $8.6M To Fight Wage Theft

    More than a dozen public prosecutors in California will receive nearly $8.6 million from the state to set up wage theft enforcement programs, the California Department of Industrial Relations announced.

  • May 28, 2024

    Contractor Rule Doesn't Hurt Groups Challenging It, DOL Says

    The U.S. Department of Labor's final rule sorting out workers' independent contractor classification incorporates long-used standards, and therefore the U.S. Chamber of Commerce and other groups' arguments of harm aren't plausible, the department told a Texas federal court.

  • May 28, 2024

    Transit Co., Bus Drivers' Wage Deal OK'd

    An Ohio federal judge placed the final stamp of approval Tuesday on a $200,000 deal between a transportation company and the bus drivers accusing it of failing to pay them overtime wages.

  • May 24, 2024

    Workers' Atty Says 'Game Over' For Hospital On Wage Liability

    Counsel for a group of workers said Friday it was "game over" for a Seattle-area hospital system facing a class action suit for allegedly violating state law with its break policy, urging a judge to rule the system was liable because it acknowledged workers on long shifts didn't take a second mealtime.

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Jazz Director Accuses Philly Pops, Execs Of RICO Conspiracy

    A former Philly Pops jazz director has sued the defunct orchestra group, its ex-CEO, a rival orchestra, the Kimmel Center and others in Pennsylvania federal court, claiming they conspired to monopolize the orchestral music market and lied about the organization's debt to force it to shut down while depriving him of pay.

  • May 24, 2024

    CVS Hit With PAGA Suit Alleging OT, Records Violations

    CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

  • May 24, 2024

    Ex-Employee, Furnisher Renew Settlement Bid In FLSA Suit

    A corporate office furnisher and a former employee who alleged he was fired after complaining about unpaid overtime have once again asked a Georgia federal judge to approve a settlement between them, saying they cured all issues identified by the judge when he refused to approve the deal in April.

  • May 24, 2024

    5th Circ. Again Upholds Engineers' OT Win

    A Fifth Circuit panel on Friday backed for the second time a lower court's ruling that two engineers receiving a weekly minimum salary as part of their compensation package were not overtime-exempt and sent the case back to the district court to determine damages awards.

  • May 24, 2024

    Cleaning Co. Should Pay Up In SEIU Arb. Case, Judge Says

    A cleaning company and its related entities should be required to compensate terminated workers with more than $22,000 stemming from an arbitration award, a New York federal magistrate judge recommended Friday, saying a Service Employees International Union affiliate showed the businesses were alter egos.

  • May 24, 2024

    4 Places That Are Leading The Gig Worker Pay Push

    A growing list of cities and states are setting mandatory wage floors for gig workers, who are typically classified as independent contractors and therefore not eligible for minimum wage protections. Here, Law360 explores places with minimum pay for gig workers.

  • May 24, 2024

    NY Forecast: School Pushes To Arbitrate Retaliation Case

    On Thursday, a federal judge will consider a Buffalo, New York, Catholic school's bid to compel arbitration of claims brought by a former president who says she was retaliated against after she uncovered financial and academic issues at the school.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

    3 Tips To Manage Summer's Tricky Child Labor Landscape

    Amid an uptick in enforcement against child labor violations, a changing landscape for state laws on youth employment and the unofficial start of summer hiring season, attorneys tell Law360 three ways employers can stay in compliance with their new and temporary young employees.

  • May 24, 2024

    Liberty University Fights Class Cert. Bid In Time Sheet Suit

    A supervisor of intramural sports at Liberty University can't prove that other workers are similar enough to support collective certification in a suit alleging the university messed with employees' time records to cap their hours at 40 per week to avoid paying overtime wages, the school told a federal judge.

  • May 24, 2024

    Medical Courier Service Settles Drivers' Overtime Suit

    A Georgia-based medical courier service accused of failing to pay its drivers their proper overtime wages has agreed to settle the case, according to an unopposed bid for settlement approval that calls the deal "approximately equal to plaintiffs' best possible day at trial."

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    PNC, Loan Officers Ink $12M Deal In Rest Break Suit

    PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

  • May 23, 2024

    $30M Deal Sealed In Cleaners' 15-Year-Old Wage Dispute

    A California federal judge on Thursday placed the final stamp of approval on a $30 million settlement resolving a 15-year-old class action accusing a janitorial company of misclassifying workers as independent contractors, saying the terms of the deal are favorable especially in light of continuing the long-running litigation.

  • May 23, 2024

    Novartis Settles Ex-Saleswoman's Gender Pay Bias Suit

    Pharmaceutical giant Novartis and a former sales representative have agreed to end a suit alleging she was paid over $20,000 less than a male colleague pitching the same product, according to filings in Colorado federal court.

  • May 23, 2024

    FirstKey Sanctioned For Trying To Coerce Workers In OT Suit

    A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."

  • May 23, 2024

    NC Fintech Atty Sues Paymentus For Gender, Age Bias

    A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

  • May 23, 2024

    Conn. To Expand Paid Sick Leave To Smaller Businesses

    More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

  • May 23, 2024

    Calif. Panel Gives Restaurant Group's Arbitration Bid New Life

    The arbitration agreement a hospitality company gave to a former employee was not ambiguous, so a trial court must look at a wage and hour case again, a California state appeals court ruled, giving the company's arbitration bid another chance.

  • May 23, 2024

    Amazon Workers' $5.5M COVID Screening Deal Gets Initial OK

    A California federal magistrate judge on Wednesday gave her preliminary blessing to a $5.5 million settlement Amazon agreed to pay to a class of 250,000 employees who accused the digital retail behemoth of failing to pay for time spent undergoing mandatory COVID-19 screenings before their shifts.

Expert Analysis

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

    Author Photo

    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

    Author Photo

    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

    Author Photo

    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

    Author Photo

    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

    Author Photo

    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

    Author Photo

    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

    Author Photo

    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

    Author Photo

    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

    Author Photo

    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
    Author Photo

    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

    Author Photo

    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.