Wage & Hour

  • May 08, 2024

    Calif. Sewing Contractors To Pay $200K To End DOL Suit

    Two sewing contractors in Los Angeles will pay $200,000 to end a U.S. Department of Labor suit alleging they denied workers full wages and shipped goods produced in violation of federal wage law across state lines, according to court papers.

  • May 08, 2024

    Medical Manufacturing Co., Welder Settle OT Suit

    A former welder told an Ohio federal court he reached a deal with the medical and dental product manufacturing company he accused of not paying for the work he performed before his scheduled shifts.

  • May 08, 2024

    Tenn. Hairstylists To Settle Independent Contractor Claims

    A hair salon and a group of hairstylists asked a Tennessee federal judge to sign off on a settlement ending their claims seeking to recover minimum and overtime wages, saying they reached a reasonable compromise during arbitration.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit

    A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.

  • May 07, 2024

    DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

    Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.

  • May 07, 2024

    NJ Justices Say Survivor Gag Orders Flout #MeToo Law

    A nondisparagement clause in a former New Jersey police sergeant's settlement agreement resolving sex discrimination, sexual harassment and retaliation claims against her former employer is against public policy and unenforceable, the New Jersey Supreme Court held on Tuesday.

  • May 07, 2024

    Wash. Opinion Establishes Pay Transparency Suit Battle Lines

    A Washington federal court opinion on a job applicant's pay transparency suit offers clues to how this novel area of equal pay could play out in future litigation, attorneys say, and it raises questions on what constitutes harm and a sincere application effort.

  • May 07, 2024

    Ark. Restaurant Operator Pays $12K For FMLA Infractions

    The operator of nine restaurants in Arkansas paid nearly $12,000 in back wages and fines for firing a worker who took protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday.

  • May 07, 2024

    Excavator Can't Bury DOL Back Pay Retaliation Suit

    A Vermont excavation company can't escape the U.S. Department of Labor's suit alleging it retaliated against the worker who initiated an agency investigation, with a federal judge ruling Tuesday that a threatening Facebook post was meant to intimidate the ex-worker and cannot be protected as free speech.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Calif. Panel Says Court Could Undo Order Disqualifying Attys

    A California trial court correctly reconsidered its earlier ruling on a truck body manufacturer's bid to disqualify a workers' side firm from a wage and hour suit, a state appellate panel said, ruling that a temporary missing document led the court in the wrong direction.

  • May 07, 2024

    Amazon Worker Wants Class Cert. In Military Leave Suit

    A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.

  • May 07, 2024

    Janitorial Contractor Pays $649K To Settle Child Labor Suit

    A Tennessee janitorial contractor will pay more than $649,000 in fines to settle a U.S. Department of Labor suit alleging it permitted children to work dangerous jobs overnight, according to court documents.

  • May 07, 2024

    Apple, Amazon Accused Of Shorting Background Actors

    Apple TV and Amazon Studios LLC failed to pay background actors their full overtime wages, denied them meal breaks and forced them to cover work-related expenses, a former actor for the studios said in two proposed class actions filed in California state court.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 07, 2024

    Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto

    Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.

  • May 06, 2024

    Employer's Good Faith Axes Paystub Fine, Calif. Justices Rule

    The California Supreme Court on Monday held that if an employer had a good faith belief it was providing complete and accurate wage statements to its employees, it has not knowingly and intentionally violated state labor law, meaning workers cannot recover civil penalties offered for intentional violations of wage statement requirements.

  • May 06, 2024

    Job Opportunity Specialists Say NYC Owes Unpaid OT Wages

    New York City has not been paying its job opportunity specialists overtime wages when they perform work outside their scheduled shifts and during their unpaid meal breaks, a group of current and former employees alleged in a proposed collective action filed Monday in federal court.

  • May 06, 2024

    Judge Questions Reason For Removing Chem Co. Wage Class

    A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    Amazon Contractor Suits To Reopen After Justices Skip Cases

    Two related long-running lawsuits claiming Amazon misclassified drivers as independent contractors instead of employees will likely resume after a Washington federal judge said lifting a stay would be appropriate in light of the U.S. Supreme Court's decision not to hear two matters that might have impacted the misclassification cases.

  • May 06, 2024

    Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.

    The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.

  • May 06, 2024

    Amazon Workers Answer Judge's $5.5M COVID Deal Inquiries

    Amazon employees assured a California federal court that their $5.5 million proposed class action deal is fit for approval, giving additional information on the terms and saying the company backed ending the lawsuit accusing the e-commerce giant of failing to pay for time spent undergoing COVID screenings before shifts.

  • May 06, 2024

    FDIC, OCC Gear Up For Another Shot At Banker Bonus Rules

    The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency on Monday revived an Obama-era proposal to set restrictions on incentive-based pay for executives at big banks, a lingering item of unfinished Dodd-Frank Act business, and for now, the Federal Reserve is sitting out.

Expert Analysis

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.