Wage & Hour

  • May 15, 2024

    IT Recruiters Pursue Win Against Staffing Co. In OT Class Suit

    Recruiters for tech staffing company TEKsystems have asked a California federal judge to award them a pretrial win on their claim that the company misclassified them, saying recruiters are entry-level employees, not managers, so they don't qualify for the narrow exemption to California's overtime statute.

  • May 15, 2024

    Chemical Biz's Worker Numbers Can't Keep Wage Suit Federal

    A chemical company failed to show that more than 100 workers would be part of a proposed class in a suit claiming unpaid wages, a Pennsylvania federal judge ruled, sending the suit back to state court.

  • May 15, 2024

    Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says

    The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.

  • May 15, 2024

    FedEx Contractor Wage Deal Needs Work, Judge Rules

    A California federal judge wouldn't sign off on a settlement for more than $33,000 between a FedEx contractor and delivery drivers to partly end a wage suit that named both FedEx and the contractor, telling the parties the terms lacked necessary information.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Conn. Retaliation Suit Advances After Justices' Title VII Ruling

    With a recent U.S. Supreme Court opinion said to be illuminating the path forward, a federal judge in Connecticut has declined to dismiss a case by a self-described former "high-level" employee of a private equity firm who alleges she was fired after raising concerns about her employer's treatment of women.

  • May 14, 2024

    Revised $2.25M Walmart OT Deal Fails For Lack Of Changes

    A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.

  • May 14, 2024

    Intervenors Can't Convince Appeals Court to Ax PAGA Deal

    A California state appeals court found that a trial court properly evaluated and approved a deal ending a Private Attorneys General Act lawsuit, disagreeing that intervenors were owed input in the case and rejecting the state labor department's assertion that the settlement was a "reverse auction."

  • May 14, 2024

    Domino's Operator Can't Arbitrate Car Reimbursement Suit

    The operator of Domino's Pizza franchise stores can't push into arbitration a driver's suit claiming under-reimbursement, a Tennessee federal judge ruled, saying the operator is not part of an arbitration pact the worker signed.

  • May 14, 2024

    Eli Lilly Can Challenge Collective Cert. Ruling In Age Bias Suit

    An Indiana federal judge said Eli Lilly & Co. can immediately appeal a decision certifying a collective in a suit accusing the pharmaceutical company of favoring millennials over older workers for promotions, agreeing that the Seventh Circuit should clarify the requirements for moving forward collectively.

  • May 14, 2024

    California Pot Worker's Suit Alleges Slurs, Unpaid Overtime

    A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.

  • May 14, 2024

    Lyft Driver Urges Justices Not To Review PAGA Case

    The U.S. Supreme Court already made clear that state courts "have the last word" on the arbitration fate of nonindividual Private Attorneys General Act claims, a Lyft driver said, saying there's no need for the justices to weigh in on his misclassification case.

  • May 14, 2024

    DOL Scores Order To Stop Diner From Intimidating Workers

    An Indiana diner must stop retaliating against workers cooperating with a U.S. Department of Labor probe into its pay practices after a federal judge granted the agency's request for an injunction.

  • May 14, 2024

    DoorDash's $664K Misclassification Deal Gets Final Approval

    A California federal judge gave the final sign-off on a $664,000 settlement ending claims that DoorDash misclassified delivery drivers as independent contractors and failed to pay minimum wage, finding the terms to be a fair resolution of the dispute.

  • May 13, 2024

    Driver Asks For Discovery Greenlight After 6th Circ. Ruling

    A driver for a Domino's franchisee told an Ohio federal court his suit claiming under-reimbursement for vehicle-related expenses should proceed normally after the Sixth Circuit weighed in, saying the appellate court's decision doesn't lead to a different way forward.

  • May 13, 2024

    Calif. Hyatt's $725K Wage Deal Scores Final OK

    A California federal judge Monday placed the final stamp of approval on a $725,000 deal resolving over 600 workers' wage claims against Hyatt, finding the terms to be a reasonable resolution, but trimmed the workers' attorney fees award because the case didn't warrant a larger-than-usual award.

  • May 13, 2024

    DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

    The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.

  • May 13, 2024

    NJ Justices Hold Contract Supersedes Real Estate Wage Law

    The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.

  • May 13, 2024

    Popeye's Franchisee, DOL End Probe Interference Suit

    A Popeye's franchisee and one of its managers will end a U.S. Department of Labor suit in Pennsylvania federal court claiming they lied to and threatened department investigators, after a federal judge approved a deal Monday.

  • May 13, 2024

    Ex-Raleigh Cop Wants OT Suit Kept Alive

    An ex-police officer accusing the City of Raleigh, North Carolina, of forcing its officers to accept time off instead of overtime urged a federal court to deny the city's request to toss the suit, saying the city should be held accountable for failing to pay overtime.

  • May 13, 2024

    Workers Want $775K In Atty Fees After Multistate Wage Verdict

    An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.

  • May 13, 2024

    Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins

    A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 13, 2024

    Ind. Home Health Co. Pays $151K For OT Violations

    A home healthcare company in Indianapolis paid more than $151,000 in back wages and damages for denying 32 workers overtime rates, the U.S. Department of Labor announced.

  • May 13, 2024

    Delivery Co. Seeks To Halt Worker's Appeal Bid In OT Suit

    A delivery company urged an Ohio federal judge not to allow a package courier to appeal to the Sixth Circuit the decertification of a collective of workers alleging the company misclassified them as independent contractors, saying the appeal would not hasten the end of the dispute.

Expert Analysis

  • 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.

  • How Employers Can Defend Against Claims Made In Bad Faith

    Excerpt from Practical Guidance
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    When an employer becomes aware of an employee complaint, it should carefully research whether the claim could be characterized as frivolous or in bad faith, and then consider various defense strategies, say Ellen Holloman and Jaclyn Hall at Cadwalader.

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

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    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • Takeaways From Virgin's Wage And Hour Class Action Loss

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    A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.