Wage & Hour

  • July 01, 2024

    DOL Overtime Exemptions Rule 'Likely Unlawful,' Judge Says

    A U.S. Department of Labor rule that took effect Monday and raises the salary thresholds for overtime exemptions won't apply to the state of Texas for now, a Texas federal judge said, finding that the rule "is likely unlawful."

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk

    California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.

  • June 28, 2024

    Texas Justices Back Union Leave Clause's Constitutionality

    A clause in a firefighters union's collective bargaining agreement that permits taking paid leave for negotiations does not violate the Lone Star state's constitution, the Texas Supreme Court ruled Friday while reversing an award of attorney fees and sanctions against some of the plaintiffs.

  • June 28, 2024

    Justices' Chevron Ruling Threatens DOL Wage Rulemaking

    The Supreme Court’s ruling Friday nixing the Chevron doctrine of deference to a federal agency's reasonable interpretation of a law could give the government a tougher time defending wage and hour rules in court, attorneys said. Here, Law360 explores the expected impact.

  • June 28, 2024

    NYC Realty Co. Defeats Most Of Building Super's Wage Claims

    A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.

  • June 28, 2024

    Ex-Copywriter's Misclassification Suit Goes To Arbitration

    A former copywriter must arbitrate her suit claiming that a media company misclassified her as an independent contractor because the agreement she signed delegates any arbitrability issues to an arbitrator, a Michigan federal judge ruled Friday.

  • June 28, 2024

    Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips

    An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.

  • June 28, 2024

    Tesla Laid Off 14K Workers Without Notice, WARN Suit Says

    Tesla Inc. laid off approximately 14,000 employees without giving them a fair warning required under both federal and California law, a former parts advisor alleges in a putative class action seeking back pay and penalties on the automotive company.

  • June 28, 2024

    Cleaning Service Co. Can't Force Contractors Into Wage Case

    A Texas-based commercial cleaning company can't force workers to add additional defendants to their lawsuit alleging the company used subcontractors to avoid paying overtime wages, a Colorado federal judge ruled, even if the company believes the workers are suing the wrong entity.

  • June 28, 2024

    State And Local W&H Laws That Are Going Into Effect July 1

    This summer domestic workers in New Jersey will be entitled to breaks, while minors in Florida will be allowed to work longer hours. Here, Law360 explores these and other new wage and hour laws across the country that go into effect July 1.

  • 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.

Expert Analysis

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

    Author Photo

    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    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.