Wage & Hour

  • July 17, 2024

    Aviation Co. Didn't Waive Arbitration In Wage Suit

    An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.

  • July 17, 2024

    Charter School, Worker Can't Get OK For OT, Retaliation Deal

    A Florida federal judge denied a deal to end a suit alleging a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, citing a lack of information regarding attorney fees and an overbroad release of claims, according to court papers filed Wednesday. 

  • July 17, 2024

    Airport Ramp Agent's Wage Suit Stays In Federal Court

    An airport ramp agent's wage and hour suit against an aviation service company can't return to state court, a California federal judge ruled, saying the company's calculations of the unpaid wages and damages at issue far exceed the $5 million threshold required to keep a lawsuit in federal court.

  • July 17, 2024

    9th Circ. Shows Call Center Boot-Up Time Remains In Dispute

    A recent Ninth Circuit decision to send a wage and hour collective action by call center workers back to a lower court demonstrates how courts continue to grapple with ruling on claims for brief amounts of time. Here, Law360 explores the issue.

  • July 17, 2024

    Burlington Assistant Managers Seek OK Of $5.2M OT Deal

    A collective of over 800 Burlington Coat Factory assistant store managers asked a New Jersey federal judge to sign off on a $5.2 million settlement ending their unpaid overtime claims, over a year after the court shot down a proposed $11 million deal, according to court records.

  • July 17, 2024

    Drivers, Co. Need Extra Details To Mull Arbitration Carveout

    A California federal judge told a transportation worker and the at-home respiratory care provider he sued for unpaid wages to file additional documents before deciding whether arbitration is necessary, saying it is not clear whether the worker engaged in interstate commerce.

  • July 17, 2024

    Fiat Chrysler, Workers To Mediate OT Dispute

    A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.

  • July 16, 2024

    FTC's In-House Kroger Case Delayed Until After Fed Suit

    Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.

  • July 16, 2024

    JB Hunt To Pay $4.2M To End Wash. Pay Range Suit

    J.B. Hunt Transport will fork over $4.2 million to a class of 2,200 job applicants to settle a lawsuit accusing the freight company of failing to include salary ranges in job postings and violating Washington state law, according to a court order tentatively approving the deal.

  • July 16, 2024

    5th Circ. Preserves Class Cert. In Fringe Benefits Fee Fight

    The Fifth Circuit affirmed a district court's decision to certify a mega class of more than 290,000 workers in a suit against several benefits administration companies alleging mismanagement of their non-union fringe benefits, but found the action should proceed as opt-out and not mandatory class action.

  • July 16, 2024

    Delta's $16M Pay Stub Deal Scores Initial OK

    A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.

  • July 16, 2024

    Fired Pizza Worker's Retaliation Suit Headed For Trial

    A Kentucky federal court denied a restaurant's request for a win in a lawsuit the U.S. Department of Labor brought accusing the restaurant's co-owner of retaliating against a worker with concerns that she was not being paid correctly, saying a jury should parse the parties' differing versions of events.

  • July 16, 2024

    Minn. Home Care Co., DOL Ink 135K Deal In OT Suit

    A Minneapolis home healthcare company will pay $135,000 to halt a U.S. Department of Labor suit alleging it failed to pay workers overtime rates after a federal judge signed off on a deal Tuesday.

  • July 16, 2024

    Dairy Queen Franchisee Says Chevron Ruling Solves OT Fight

    A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception. 

  • July 16, 2024

    Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

    The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.

  • July 16, 2024

    Va. Transportation Co. Pays $170K For OT Violations

    A transportation company in Virginia paid more than $170,000 in back wages for denying 60 workers overtime pay, the U.S. Department of Labor announced Tuesday.

  • July 16, 2024

    Chicken Farm Wants Misclassification Suit Tossed

    Growers claiming that a chicken farm misclassified them as independent contractors wouldn't be entitled to overtime even if they were employees, the farm told a South Carolina federal court, saying they fall under a federal agricultural exemption.

  • July 16, 2024

    NYPD Says Dog Handlers' Suit Fails Again

    The New York City Police Department urged a federal court to throw out a suit brought by 10 dog handlers accusing the department of failing to pay them overtime for time they spent caring for their dogs outside of work, calling their amended complaint too vague.

  • July 16, 2024

    Iowa Tire Shop Pays $34K For Miscalculating OT

    A tire shop in Iowa paid nearly $34,000 in back wages and damages for miscalculating the overtime rates of 11 workers, the U.S. Department of Labor announced.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    NYC To Pay $6.2M To End Rikers Officers' OT Suit

    New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

  • July 16, 2024

    Paid Breaks For Heat Safety May Spark Overtime Requirement

    Paid time for heat breaks that employers must provide under a proposed federal worker safety standard may count toward the 40-hour threshold at which a worker is entitled to overtime, attorneys told Law360.

  • July 15, 2024

    Judge Says Attys Must Hash Out Conflict In Twitter Row

    A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.