Wage & Hour

  • June 10, 2024

    LA County Defeats Firefighters' Quarantine OT Suit

    A firefighter was late to accuse Los Angeles County of failing to pay new firefighters for the time they spent quarantining during the COVID-19 pandemic while training, a California federal judge ruled, granting the county an early win.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 10, 2024

    Justices Won't Revisit Salary Basis Carveout To Overtime Pay

    The U.S. Supreme Court on Monday again declined to weigh in on the exemption to overtime pay under federal labor law for salaried workers in a case dealing with whether extra compensation on top of a salary does away with exemption status.

  • June 07, 2024

    NJ Equal Pay Law For Temp Workers Has Uncertain Future

    There is no doubt that the New Jersey Temp Worker Bill of Rights will upend the temp industry in the Garden State, and while a new challenge on the benefits pay provision may succeed, temp worker equal pay is likely here to stay, attorneys said.

  • June 07, 2024

    Exotic Dancers Win Class Status For State Law Wage Claims

    An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.

  • June 07, 2024

    Workers, DC Cleaning Co. Agree To Drop OT Suit

    A Washington, D.C.-area janitorial company and a group of workers told a federal judge Friday they agreed to end a collective action accusing the company of underpaying overtime wages through off-the-books payments for hours worked over 40.

  • June 07, 2024

    Package Co. Settles DC AG's Worker Misclassification Probe

    A package-receiving service for apartment buildings has agreed to pay over $150,000 to settle the Washington, D.C., attorney general office's investigation into allegations that workers who spent more than half their time in the city were misclassified by the company as independent contractors.

  • June 07, 2024

    NJ Asked To Convince Court Not To Block Temp Law

    A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Walmart Driver Misclassification Suit Sent To Arbitration

    A Washington federal judge sent to arbitration a proposed class action accusing Walmart of misclassifying its app-based delivery workers as independent contractors, saying the workers signed valid arbitration agreements.

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 07, 2024

    Denny's Cuts Deal To End Workers' Tip Credit Suit

    Denny's has agreed to pay more than $437,000 to end a class action accusing it of failing to properly inform a group of more than 100 servers it would be taking a tip credit from their wages, according to a filing in Pennsylvania federal court.

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    FTC Says Kroger Hasn't Turned Over Promised Documents

    The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

  • June 06, 2024

    Full 4th Circ. Won't Rehear Inmates' Wage Suit

    The full Fourth Circuit won't review a panel's ruling that the purpose of the job of incarcerated individuals performed at a Baltimore County recycling plant determines whether federal minimum wage laws apply, turning down on Thursday the county's bid to step in.

  • June 06, 2024

    Wynn, Casino Worker Ink $600K Deal In Tip Suit

    The Wynn Las Vegas has agreed to pay $600,000 to end a slot attendant's suit alleging the casino shared tips with managers and diverted some to the casino itself claiming misplacement of tips, according to a motion to approve the deal filed in Nevada federal court.

  • June 06, 2024

    Texas Food Truck Operator Pays $157K For OT Violations

    A Texas food truck operator paid more than $157,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced Thursday.

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Logistics Co. Didn't Pay Full OT, Suit Says

    A Connecticut-based freight logistics company only paid time-and-a-half rates when employees worked more than 45 hours per week, denying workers their full overtime pay, according to a proposed class and collective action filed Thursday in federal court.

  • June 06, 2024

    Calif. AG Tells 9th Circ. NRA Ruling Doesn't Impact AB 5 Case

    The U.S. Supreme Court's recent decision siding with the National Rifle Association on its free speech claims has nothing to do with Uber and Postmates' challenge to California's Assembly Bill 5 governing worker classification, the state attorney general told the Ninth Circuit.

  • June 06, 2024

    TJ Maxx Hit With Rest Break, Sick Pay Class Action

    TJ Maxx has been requiring thousands of California workers to work through their rest breaks but forcing them to mark otherwise on their time sheets in violation of state labor law, a worker alleged in a proposed class action in state court.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    NYC Thai Eateries Owe $1.5M In Chefs' Wage, OT Suit

    A New York federal judge ordered several companies that owned and operated four now-shuttered Thai restaurants in Manhattan to pay over $1.5 million to settle class action claims that they failed to pay full minimum or overtime wages.

  • June 06, 2024

    Ga. Mortgage Co. Owes Loan Processors OT, Suit Says

    A mortgage lender unlawfully considered loan processor managers overtime-exempt under the Fair Labor Standards Act despite them performing nonexempt duties, a former employee said in a proposed class action filed in Georgia federal court.

  • June 05, 2024

    Hospital Network Stiffs Workers On Meal Breaks, Suit Claims

    A Missouri hospital network automatically deducted meal breaks from nurses' and technicians' pay even though they were unable to take the breaks, a former employee said in a proposed class and collective action filed in federal court.

Expert Analysis

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • Eye On Compliance: Cross-State Noncompete Agreements

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    The Federal Trade Commission's recent proposal to limit the application of worker noncompete agreements is a timely reminder for prudent employers to reexamine their current policies and practices around such covenants — especially businesses with operational footprints spanning more than one state, says Jeremy Stephenson at Wilson Elser.

  • A DOL Reminder That ADA Doesn't Limit FMLA Protections

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    A recent U.S. Department of Labor opinion letter and some case law make clear that the Family and Medical Leave Act fills in gaps where the Americans with Disabilities Act may not neatly apply, however the agency ignored a number of courts that have supported termination when "no overtime" restrictions effectively reduce a position to part-time, says Jeff Nowak at Littler Mendelson.

  • Pending NCAA Ruling Could Spell Change For Unpaid Interns

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    The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

  • How Managers Can Curb Invisible Off-The-Clock Work Claims

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    There has been a rash of recent federal lawsuits in which nonexempt employees have alleged their employers failed to pay them for off-the-clock work done without their managers' knowledge, but employers taking proactive measures to limit such work may substantially lower litigation risks, says Robert Turk at Stearns Weaver.

  • 5 Potential Perils Of Implementing Employee Sabbaticals

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    As companies try to retain employees with sabbatical benefits amid record-low unemployment rates, employers should be aware of several potential legal risks when considering policies to allow these leave periods, say Jesse Dill and Corissa Pennow at Ogletree.

  • NY Hospitality Employers Face Lofty Compliance Burden

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    As New York hospitality businesses have reopened over the last year, there are more employment compliance considerations now than ever before, including regulations and laws related to wage rates, tip credits, just cause and uniform maintenance pay, say attorneys at Reed Smith.

  • COVID's Impact On Employment Law Is Still Felt 3 Years Later

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    Since COVID-19's onset in the U.S. three years ago, almost every existing aspect of employment law has been shaped by pandemic-induced changes, including accommodation requests under the Americans with Disabilities Act, remote work policies and employer vaccine mandates, say Scott Allen and M.C. Cravatta at Foley & Lardner.

  • Ecolab Ruling Opens Doors For Percentage Bonuses In Calif.

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    California's Second Appellate District recently became the first court in the state to clear the air on percentage bonuses, providing employers who have wanted to offer such bonuses with a new option to do so without having to recalculate the overtime regular rate, says Paul Lynd at ArentFox Schiff.