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

  • 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.

  • There's More To The Helix FLSA Opinion Than Meets The Eye

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    At first blush, the U.S. Supreme Court's recent Helix decision seems remarkable for its determination that an oil rig worker who makes $200,000 a year can still be entitled to overtime, but the decision also offers two more important takeaways about how the Fair Labor Standards Act may be applied, says Nicholas Woodfield at The Employment Law Group.

  • What Employers Need To Know About New Breastfeeding Law

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    The recently enacted federal PUMP Act expands employers' existing obligations to provide breaks and space for certain employees to express breast milk, so employers should review the requirements and take steps to ensure that workers' rights are protected, say Sara Abarbanel and Katelynn Williams at Foley & Lardner.

  • 6 Labor Compliance Questions For Infrastructure Contractors

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    Eric Leonard at Wiley provides a checklist to help both traditional and nontraditional government contractors identify and understand the enhanced labor and employment compliance obligations they assume by taking on a project funded under the Bipartisan Infrastructure Law.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

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    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • New Rulings Show Job Duties Crucial To Equal Pay Act Claims

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    Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

  • Tips For Handling Employee Pay Scale Asks As Laws Expand

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    Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.