Wage & Hour

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Chevron Irrelevant To Tipped Worker Rule, DOL Tells 5th Circ.

    The U.S. Department of Labor told the Fifth Circuit that it need not consider the U.S. Supreme Court's recent decision scrapping Chevron deference in a lawsuit restaurant groups filed combating a rule affecting tipped workers, saying it has no impact on the case.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Expect NCAA To Dig In Heels On Employee Status After Ruling

    Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.

  • July 12, 2024

    Territories Await OT Update As Rulemaking Window Narrows

    A U.S. Department of Labor final rule raising salary thresholds for overtime exemptions is now in effect, but attorneys are waiting on updates for the U.S. territories after the federal government abandoned such proposed changes. Here, Law360 explores the territories overtime issue.

  • July 12, 2024

    Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back

    In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.

  • July 12, 2024

    Staffing Agency Accused Of Misclassifying Workers

    A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.

  • July 12, 2024

    Gas Co. Says Trader Can't Get Bonus From Risky Trades

    A Colorado gas marketing company has urged a state judge to find a former trading director forfeited his right to collect a $3.3 million bonus because it was the result of risky and unauthorized trading, according to a motion asking the court to toss a jury's damages award.

  • July 12, 2024

    Calif. Restaurant Pays $83K For Wage Infractions

    A California restaurant paid nearly $83,000 in back wages, damages and fines for denying workers their full wages, the U.S. Department of Labor announced Friday.

  • July 12, 2024

    American Airlines Shakes Off Calif. Wage Suit

    A California federal judge tossed proposed class action claims that American Airlines interrupted meal breaks, skimped on overtime wages and required off-the-clock work, leaving a chance for their revival while axing permanently a former worker's individual claims because of an individual settlement agreement, according to court records. 

  • July 12, 2024

    ​2nd Circ. Asked If Workers Can Sue For Incorrect Pay Stubs

    A New York federal judge refused to reconsider a decision tossing workers' claims that a packaging supplies manufacturer provided them with inaccurate wage statements for lack of standing, but he agreed to send the standing question to the Second Circuit.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    Kroger Asks To Delay At Least Part Of FTC Challenge

    Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.

  • July 11, 2024

    Wash. Justices Revive Proposed Class Suit Over Nurse Wages

    The Washington Supreme Court on Thursday said a nurse's wage theft suit against a hospital can proceed even though his claims are the same as the ones lodged by his union in a tossed suit, finding it would be in the best interest of both efficiency and justice.

  • July 11, 2024

    Wash. Pay Transparency Suits Are Making Progress In Court

    Lawsuits filed by job seekers following the enactment of Washington state's unique pay transparency law are lurching forward, and experts say the suits' journeys to the plaintiff-friendly venue of state court and a $3.8 million class action settlement highlight some key takeaways from this type of litigation.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Campbell Soup Snack Truck Drivers Misclassified, Suit Says

    A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.

  • July 11, 2024

    Ex-Sushi Restaurant Driver Should Get $23K In OT Case

    A former delivery driver of a Manhattan sushi restaurant should receive about $23,000 in damages in his suit claiming unpaid wages, a New York federal judge recommended, significantly lowering what the worker had asked for.

  • July 11, 2024

    Iowa Mexican Restaurants Pay $49K After DOL Probe

    Two Mexican restaurants in Iowa paid nearly $49,000 in back wages and damages for denying 18 workers their overtime pay, the U.S. Department of Labor announced Thursday.

  • July 11, 2024

    IT Staffing Agency's Terms Exploit Workers, DOL Tells Court

    An information technology staffing agency engages in "modern-day indentured servitude" via contract provisions that tether employees to jobs, forcing them to pay up to $30,000 if they leave the company, and chill their complaints, the U.S. Department of Labor told a New York federal court.

  • July 11, 2024

    Wash. Justices Agree To Review State's Pot Co. Wage Suit

    The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

  • July 10, 2024

    Texas Court Severs Constable Workers From OT Collective

    A Texas federal court granted Harris County Sheriff's Department deputies' request to cut several employees from the constable's office from their proposed collective action accusing the department of shorting them on overtime pay, and rejected the county's argument that the case should largely be thrown out.

  • July 10, 2024

    DOL Can't Stop Discovery Disclosures In Fishery Wage Suit

    The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.

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.