Wage & Hour

  • July 08, 2024

    NJ Says State Temp Worker Law Doesn't Conflict With ERISA

    The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by ​the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    DOL Hits Economic Development Co. With Wage Suit

    A company specializing in technology, real estate, energy and healthcare denied workers their full wages and failed to pay some workers any wages, the U.S. Department of Labor alleged in a complaint filed in Kansas federal court Monday.

  • July 08, 2024

    HR Chief Says Conn. City Cut Pay Without Explanation

    Officials in the city of Derby, Connecticut, flouted the municipal human resources director's contractual and constitutional rights when they reduced her annual compensation in March without explanation, according to a lawsuit in federal court.

  • July 08, 2024

    Rig Worker Tells 4th Circ. Oil Co. Not Part Of Arbitration Pact

    An oil and gas exploration and production company cannot try to involve itself in an arbitration pact that doesn't extend to it, a rig worker told the Fourth Circuit, arguing that his misclassification suit should stay in court.

  • July 08, 2024

    EEOC Floats Plan To Reinstate Pay Data Collection

    The U.S. Equal Employment Opportunity Commission is working on reinstalling a shelved data collection initiative aimed at tackling pay inequity by surveying employers for salary details, according to the regulatory agenda of the administration of President Joe Biden.

  • July 08, 2024

    Biggest Wage Legislation Of 2024 So Far

    U.S. cities and states led the way on legislation addressing pay protections for workers in the first half of the year, while federal wage and hour legislation stalled in a divided Congress. Here, Law360 explores the biggest wage and hour legislation of 2024 so far.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Trucking Cos.' Suit Against Contractor Rule Put On Ice

    A Louisiana federal judge stayed five business groups' challenge to a U.S. Department of Labor final rule determining which workers are independent contractors or employees under federal law while the companies appeal the court's denial of a preliminary injunction to the Fifth Circuit.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    Farmworkers Union Wins Partial Block Of DOL Wage Rules

    A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.

  • July 05, 2024

    NY Forecast: Judge Weighs Dismissal Of Service Fee Tip Suit

    A New York federal judge on Monday will consider a Long Island restaurant's bid to dismiss a worker's lawsuit claiming the restaurant violated federal and state law by retaining a service charge instead of dividing it among servers as it told customers.

  • July 03, 2024

    Wage Ballot Proposal Withdrawals Show Deals Are Possible

    Eleventh-hour deals to keep proposed ballot measures in California and Massachusetts from going to voters show that some wage and hour issues are significant enough for companies and worker advocates to reach compromises, attorneys said. Here, Law360 explores those recent deals.

  • July 03, 2024

    Sandy Cleanup Workers Agree To End Prevailing Wage Suit

    Five workers told a New Jersey federal judge they agreed to put to rest their suit against a disaster recovery company and a waterfront building company claiming they should have been paid prevailing wages while clearing roadways and waterways in the aftermath of Hurricane Sandy.

  • July 03, 2024

    Wage Suit Can Be Arbitrated Under Justices' Ruling, Co. Says

     A medical product seller urged the Ninth Circuit on Wednesday to reverse a lower court's determination that a worker is exempt from the Federal Arbitration Act, saying the wage claims should still be sent to arbitration under a recent U.S. Supreme Court ruling clarifying which employees qualify for the exemption.

  • July 03, 2024

    Job Hopeful's Lack Of Injury Sinks Wash. Pay Disclosure Suit

    A Washington federal judge tossed a job hopeful's suit claiming healthcare companies shirked state pay transparency laws by failing to disclose salary information in job postings, finding that the applicant didn't show he was actually harmed by the missing compensation figures.

  • July 03, 2024

    Calif. Watchdog Notches $14.4M Deal In Microsoft Leave Fight

    Microsoft agreed to shell out $14.4 million to end a California Civil Rights Department's lawsuit claiming that it discriminated against employees who take protected employment leaves, the department announced Wednesday.

  • July 03, 2024

    Chevron's End Revives Tip Rule Challenge, 5th Circ. Told

    Restaurant groups suing to block a 2021 U.S. Department of Labor rule cracking down on when tipped workers can be paid subminimum wages filed a notice in the Fifth Circuit saying the court should follow the U.S. Supreme Court's recent decision stating courts can independently interpret agencies' rules.

  • July 03, 2024

    4 Mass. Rulings You Might Have Missed In June

    Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.

  • July 03, 2024

    Coffey Modica Promotes 2 Partners, 1 Counsel In NY

    New York litigation boutique Coffey Modica LLP announced the promotion of two attorneys to partner, including the firm's first hire in 2021, as well as the elevation of another lawyer to counsel.

Expert Analysis

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.