Wage & Hour

  • May 20, 2024

    Wyndham Wants Out Of Pa. Hotel's Labor Trafficking Case

    Wyndham Hotels & Resorts argued to a federal court Monday it could not be plausibly alleged the chain knew or could have known that its former franchisee at a New Stanton, Pennsylvania, Days Inn was exploiting laborers in a room-for-hire scheme, and so it should be dismissed from the laborers' lawsuit.

  • May 20, 2024

    Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute

    Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.

  • May 20, 2024

    Wash. Pay Range Suits Meet Early Crossroads On Standing

    A federal court's ruling that a job applicant lacked standing to claim an employer violated Washington state's new requirement for employers to include pay ranges in job ads may signal that workers will fare better advancing such claims in state court, attorneys told Law360.

  • May 20, 2024

    United Healthcare Skimped On OT, NM Nurse Says

    United Healthcare misclassified New Mexico-based case manager registered nurses as overtime-exempt even though they have overtime-eligible responsibilities, cheating them out of overtime wages when they work over 40 hours in a week, an ex-nurse said in a complaint in federal court.

  • May 20, 2024

    Rocket Mortgage Agrees To Pay $3.5M To End OT Suit

    Rocket Mortgage agreed to pay out $3.5 million to end a collective suit in Arizona federal court accusing it of failing to pay mortgage brokers for the after-hours work they performed.

  • May 17, 2024

    Trucking Co. Dodges Misclassification Suit, For Now

    A trucking company can temporarily escape claims that it misclassified drivers as independent contractors because the driver lodging the suit failed to show jurisdictional diversity, an Illinois federal judge ruled.

  • May 17, 2024

    Manager Says Travel Co. Fired Her For Promotion Complaints

    A corporate hotel booking service gave lackluster performance reviews to a female national sales manager because she had taken maternity leave and fired her after she raised concerns about being passed over for promotions in favor of a less experienced male co-worker, according to a lawsuit in Colorado federal court.

  • May 17, 2024

    Justices' Arbitration Ruling To Slow Wage Appeals

    Workers will struggle to appeal orders compelling arbitration now that the U.S. Supreme Court has said federal courts must stay cases when claims are sent to arbitration instead of dismissing them, attorneys said. Here, Law360 explores the issue.

  • May 17, 2024

    DOL Fails To Win Order Barring Retaliation On Pork Workers

    A Tennessee federal judge rebuffed a request from the U.S. Department of Labor to bar a pork producer from retaliating against workers providing information about wages, ruling that the department had failed to show that any retaliation had occurred.

  • May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  • May 17, 2024

    Chicago Tribune Accused Of Underpaying Female, Black Staff

    A group of Chicago Tribune journalists sued the paper and its parent Alden Global Capital in Illinois federal court on Thursday alleging sex and race discrimination that has caused more than 50 reporters and editors to get paid thousands of dollars per year less than their white male colleagues.

  • May 17, 2024

    Delivery Apps Illegally Adding Extra Fees In Seattle, FTC Told

    DoorDash and Uber illegally charge "deceptive and unfair" junk fees to customers to cover the companies' costs to comply with a Seattle law mandating minimum wages for app-based workers, a consumer told the Federal Trade Commission in a complaint.

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    DOL Wants Early Win In Support Co. Misclassification Suit

    The U.S. Department of Labor urged a Florida federal judge to grant it a pretrial win in its suit accusing a customer support services provider of misclassifying 22,000 workers as independent contractors, saying it's clear the company has near-total control over their work.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 17, 2024

    Flight Crews Get Step Closer To In-Flight Nursing Breaks

    The enactment of the Federal Aviation Administration Reauthorization Act paves the way for in-flight crew members to finally have the right to express breast milk by requiring the FAA to address safety concerns head-on, attorneys say.

  • May 17, 2024

    Worker's OT Suit Against Oilfield Co. Pushed To Arbitration

    An oilfield services company can push into arbitration an ex-oil rig worker's unpaid overtime suit, after a Texas federal judge sided with the company, staying the suit pending arbitration.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    EPA Doctor Not A Whistleblower For Slamming Lead Plan

    A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.

  • May 16, 2024

    Home Health Co., Aides Settle OT Suit Over Shift Tracking

    A home health care organization and two workers asked an Ohio federal judge Thursday to sign off on a $62,000 settlement resolving claims that the company underpaid overtime wages by separately tracking the day and night shift hours that employees worked in a single week.

  • May 16, 2024

    High Court Decision Requiring A Stay Raises More Questions

    The U.S. Supreme Court's unanimous decision Thursday finding that federal courts must honor a request to stay a case after ordering the dispute into arbitration leaves an important subsequent question unresolved: What happens if neither party requests a stay?

  • May 16, 2024

    Calif. Panel Says Signature Wasn't Rebutted On Arbitral Pact

    A worker failed to show that a signature in an employee handbook containing an arbitration clause wasn't his, a California state appeals court ruled, flipping a trial court's decision that denied a mining company's bid to arbitrate his wage and hour suit.

  • May 16, 2024

    Wis. Appeals Court Undoes Corrections Workers' Wage Class

    A Wisconsin appeals court dissolved a class of state Department of Corrections employees who argued they are owed pay for the time they spent undergoing security checks and walking to and from their assigned work posts, ruling a lower court used an invalid legal theory in certifying the group.

  • May 16, 2024

    Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • May 16, 2024

    Pressure Mounts On Biden Admin To Finalize Regulations

    The U.S. Department of Labor and other federal agencies face pressure to complete rulemaking this month because a window opens soon that will make it easier for Republicans in Congress to wipe away regulations if they and former President Donald Trump sweep the November elections, experts told Law360.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.