Wage & Hour

  • June 05, 2024

    ADP Sales Reps Win Conditional Cert. For Overtime Claim

    Sales representatives for Automatic Data Processing Inc. won conditional certification in their lawsuit alleging they failed to receive all their overtime wages earned, with an Arizona federal judge ruling the workers had offered up substantial evidence that they were all subjected to the same pay policies.

  • June 05, 2024

    Energy Co. Tells 4th Circ. Arbitration Pact Extends To It

    A rig worker's arbitration agreement clearly extended to oil and gas exploration and production company Tug Hill Operating LLC, the company said, telling the Fourth Circuit that a West Virginia federal court gave the pact a too narrow read.

  • June 05, 2024

    Lewis Brisbois Employment Attys Join Kaufman Dolowich

    Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.

  • June 05, 2024

    Healthcare Staffing Co. Hit With Meal Break, OT Suit

    A healthcare staffing company has been automatically deducting meal breaks from workers' time sheets and forcing them to work while off the clock, denying them overtime pay, according to a proposed collective action filed Wednesday in Virginia federal court.

  • June 05, 2024

    3rd Circ. Debates Length Of Breaks In $7M Wage Case

    A Third Circuit panel tried on Wednesday to pin down when the U.S. Department of Labor and an in-home care agency believed that employees were off-duty or just traveling between jobs, and whether the company's lack of travel-time records left it open to a $7 million judgment based on government estimates.

  • June 05, 2024

    Former Exec Drops Mass. Wage Suit Against Tech Firm

    A former executive for a tech company told a Massachusetts federal judge Wednesday the parties agreed to dismissal of her lawsuit claiming she didn't receive promised performance bonuses and was terminated after complaining about the missing pay.

  • June 05, 2024

    Detroit Hospital Hit With Meal-Break Lawsuit Seeking OT

    A Detroit hospital network automatically deducts 30-minute unpaid meal breaks from nurses' and technicians' pay regardless of whether they were actually relieved from their work duties, a former employee said in a proposed class and collective action filed in Michigan federal court.

  • June 05, 2024

    Marriott, Workers' Wage Suit Deal Scores Final Approval

    Marriott will pay nearly $437,000 to end a proposed class action alleging unpaid wages and meal and rest break violations, with a California federal judge placing the final stamp of approval on the settlement agreement.

  • June 05, 2024

    Calif. Wage Hike To Cover Nearly All Healthcare Workplaces

    Nearly all workers at healthcare facilities in California will be entitled to a higher minimum wage beginning July 1 regardless of whether they're involved in patient care. One expert called the increase a sweeping change, partly due to broad definitions of what employees and facilities are covered.

  • June 04, 2024

    Justices Raise Doubt Hospital System Must Face Wage Claims

    The California Supreme Court appeared open Tuesday to undoing a finding that a hospital system is not a public entity and must face workers' meal- and rest-break claims, with one justice noting that state law repeatedly calls the system a public entity and saying, "So what do we make of that?"

  • June 04, 2024

    DOJ Remains 'Clear Eyed' About No-Poach Prosecutions

    A senior U.S. Department of Justice Antitrust Division prosecutor continued Tuesday to emphasize the importance of criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, asserting that despite courtroom defeats, enforcers are trying to learn from past failures.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    New Trial Ordered In Uber Drivers' Misclassification Suit

    A Pennsylvania federal judge greenlighted a second trial Tuesday to determine whether drivers for Uber's high-end ride-share option are independent contractors after a jury couldn't come to an agreement on the issue in March.

  • June 04, 2024

    Refinery Workers Score Class Cert. On Standby Time Claims

    Workers' claims that an oil refinery company didn't pay them for their 12-hour standby shifts can move forward on a class basis, a California federal judge ruled, rejecting the company's argument that it would be impossible to determine who was on standby.

  • June 04, 2024

    Nurse Staffing Exec Wants Antitrust, Fraud Charges Separated

    An indicted home health care staffing executive asked a Nevada federal court to separate the antitrust charge against him for allegedly fixing nurses wages from claims that he concealed the conspiracy and government probe when selling the business for more than $10 million.

  • June 04, 2024

    3rd Circ. Doubtful NJ Temp Worker Law Is Unconstitutional

    A Third Circuit panel on Tuesday seemed skeptical that a New Jersey law geared toward protecting temporary workers was unconstitutionally protectionist, despite an apparent acknowledgment of industry groups' fears that it could destroy the temp staffing agency industry in the Garden State.

  • June 04, 2024

    Worker Can't Ditch Jurisdiction He Invoked, Fed. Judge Says

    An Illinois federal judge denied an ex-utility worker's "perplexing" bid to toss his own wage lawsuit soon after his former employer filed a motion for judgment, rejecting the worker's argument that the court lacks jurisdiction over his proposed class action against the utility locating services company.

  • June 04, 2024

    Ogletree Opens 7th California Office In Fresno

    Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.

  • June 04, 2024

    Marketing Co. Says DOL OT Rule Threatens Small Businesses

    A small Texas marketing company said the U.S. Department of Labor's final rule raising the salary thresholds to consider employees overtime-exempt under federal law unlawfully disregards long-standing requirements, urging a federal court to put it aside.

  • June 04, 2024

    Texas Sues DOL Over Exec OT Exemption Rule

    Texas is seeking to block the U.S. Department of Labor's new rule increasing salary thresholds for overtime exemptions for administrative, executive and professional employees, saying in a suit filed in federal court that labor law is silent on salary thresholds for that exemption.

  • June 04, 2024

    A Lawsuit 'Field Day' Over Calif. Healthcare Worker Wage Hike

    Even before going into effect, California's new healthcare worker minimum wage is generating complex legal questions about its scope and predictions of legal clashes to come.

  • June 03, 2024

    Substitute Teacher Co. Says Colo. Classification Rule Illegal

    An independent platform said that an upcoming Colorado rule requiring it to consider employees the substitute teachers it helps schools find will hurt its business, urging a Colorado state court to halt the new policy going into effect on July 1.

  • June 03, 2024

    Kroger, Albertsons Can't Get More Info On FTC Markets

    An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.

  • June 03, 2024

    El Pollo Loco Hit With Wage, Hostile Work Environment Claims

    El Pollo Loco did not provide a former assistant manager with meal breaks or overtime or pay him the full wages he was promised, and store managers mocked him for requesting leave to tend to his ailing mother, the ex-worker alleged in a complaint filed in state court.

  • June 03, 2024

    DHL, Courier Service Agree To Shell Out $1M In OT Suit

    DHL and its direct courier services told a Washington federal court they have agreed to shell out $1 million to a group of drivers who claimed they were paid a flat daily rate that did not include overtime.

Expert Analysis

  • 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.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

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    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.