Wage & Hour

  • June 28, 2024

    DOL, Concession Stand Co. Settle Retaliation Suit

    A concession stand company in Pittsburgh will pay $15,000 to end a U.S. Department of Labor suit alleging it threatened and retaliated against H-2B temporary workers during an agency probe into the company, according to papers filed Friday in Pennsylvania federal court.

  • June 28, 2024

    Ex-Waitresses Say Ga. Sports Bar Didn't Pay Full Wages

    The owners and operator of a Georgia restaurant required waitresses to share their tips with workers not eligible to receive them and failed to pay overtime and minimum wage, two former employees said in a proposed collective action in federal court.

  • June 28, 2024

    Morgan Lewis Employment Litigator Jumps To Vedder Price

    Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.

  • June 28, 2024

    Food Distributors Tell 2nd Circ. No Arbitration For Suit

    A misclassification suit that went to the U.S. Supreme Court should stay out of arbitration, two food distributors told the Second Circuit, arguing that a slew of rulings supported their arguments that they should be considered transportation workers.

  • June 28, 2024

    Surgical Techs, Hospital Agree To Settle Off-Clock Wage Suit

    Two surgical technicians and a hospital network settled a class action wage suit and asked a California federal judge to send the suit back to state court for final approval of the deal, where a related Private Attorneys General Act case has been pending.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Uber, Lyft Cut $175M Deal To End Mass. Worker Status Fight

    Uber Technologies Inc. and Lyft Inc. on Thursday agreed to pay a combined $175 million and provide drivers with a suite of benefits to settle an employee classification lawsuit brought by the state of Massachusetts.

  • June 27, 2024

    11th Circ. Upholds Radiology Practice's FMLA Suit Win

    The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.

  • June 27, 2024

    Austin Public Utility Co. Can't Defuse Wage Suit

    A power utility run by the City of Austin, Texas, can't dodge allegations that it purposely failed to pay a former customer service representative overtime premiums even though she regularly worked 50 hours a week, with a federal judge finding Thursday that she brought enough evidence to keep her claims in play.

  • June 27, 2024

    DOL Says It Put Salary Levels In OT Carveout Since 1938

    The U.S. Department of Labor told a Texas federal court it included a minimum salary aspect in executive, administrative or professional rules since the Fair Labor Standards Act's inception, arguing a marketing firm doesn't have the basis to halt a final overtime rule.

  • June 27, 2024

    Ala. Adult Care Co. Owes $202K For Wage Violations

    The owner of two adult care homes in Alabama will pay nearly $202,000 in back wages, damages and fines for denying workers their full wages, the U.S. Department of Labor announced Thursday.

  • June 27, 2024

    Lewis Brisbois Adds Employment Atty In Nevada

    Lewis Brisbois Bisgaard & Smith LLP announced that a labor and employment attorney with more than 40 years of experience has joined the firm's Reno, Nevada, office as a partner.

  • June 27, 2024

    Ga. School District, Bus Drivers Settle OT Bonus Suit

    A Georgia school district agreed to pay nearly $114,000 to end a collective action accusing it of underpaying employees on overtime by failing to include a retention bonus when calculating their time-and-a-half rate, according to a motion to approve the deal filed in federal court.

  • June 27, 2024

    5th Circ. Backs Former Steel Co. Worker's Win In OT Suit

    A former employee of a Texas-based steel fabrication and erection company supported his claims that his former employer owes him overtime, a Fifth Circuit panel ruled, affirming a lower court's decision awarding the worker more than $80,000.

  • June 27, 2024

    Appeal Of Wash. Pay Range Suit Remand Gets Shut Down

    A Washington federal judge refused to certify an appeal to the Ninth Circuit concerning the lower court's decision to remand to state court a lawsuit alleging retailer Aaron's should have included pay ranges in job advertisements, saying that state court is the ideal venue to interpret state law.

  • June 26, 2024

    Workers Feeling PWFA's Impact After 1st Year In Effect

    The Pregnant Workers Fairness Act, which took effect one year ago Thursday, has brought about more pregnancy accommodations for workers without causing overwhelming compliance challenges for employers, attorneys on both sides of the bar say.

  • June 26, 2024

    Jury Says Colo. Gas Co. Owes Trader $3.3M For Texas Deals

    A Colorado state jury on Wednesday found that a gas marketing company breached an employment agreement and violated the Colorado Wage Claim Act when it failed to pay a trading director a $3.3 million bonus from natural gas trades made during a historic 2021 winter storm.

  • June 26, 2024

    Veteran Says Starbucks Fired Him Over Parental Leave

    Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.

  • June 26, 2024

    Texas Pizza Restaurant To Pay $30K For Tip, OT Violations

    A pizza restaurant in Texas will pay nearly $30,000 to end a U.S. Department of Labor suit alleging it operated an invalid tip pool and failed to pay proper overtime rates, according to court papers filed Wednesday.

  • June 26, 2024

    Nurses Say Mich. Hospitals Owe OT For Meal Break Work

    Two locations of a Michigan healthcare system unlawfully require employees to work through their meal breaks without pay in violation of federal wage law, according to two separate proposed collective actions filed in federal court.

  • June 26, 2024

    Project 2025 Author Talks Vision For A Future Trump DOL

    If former President Donald Trump wins reelection, the U.S. Department of Labor could return to wage and hour standards from his prior administration, and there could be a push for Congress to update what counts toward overtime, according to employment attorney Jonathan Berry’s Project 2025 policy recommendations. Berry spoke with Law360 about his recommendations.

  • June 26, 2024

    Paper Manufacturer, Ex-Worker's $500K Wage Deal Approved

    A California federal judge placed the final stamp of approval on a $500,000 deal ending claims that a paper company didn't pay a class of over 3,000 workers minimum wages or provide meal and rest breaks owed under state law.

  • June 26, 2024

    Mass. Dunkin' Managers Can Sue For OT As Collective

    A Massachusetts federal judge granted an unopposed request to certify a collective action brought by managers at 60-plus Dunkin' Donuts locations who claim they were required to work more than 40 hours a week without overtime pay.

  • June 26, 2024

    Whole Foods Resolves Time-Shaving Class Action

    Whole Foods has resolved a proposed class action alleging the grocer trimmed workers' paychecks if they came back slightly late from breaks.

Expert Analysis

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    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

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    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

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    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

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    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.