Wage & Hour

  • May 01, 2024

    Judge Mulls New Trial For Uber Drivers' Misclassification Suit

    A Pennsylvania federal judge on Wednesday seemed poised to start a second trial to determine whether drivers of Uber's high-end ride-share option are independent contractors or employees after a jury deadlocked on the issue in March.

  • May 01, 2024

    Construction Workers Get $940K Default Win In Wage Suit

    A New York federal judge adopted a magistrate judge's recommendation Wednesday to enter a more than $940,000 default win against a contracting company because it didn't respond to a lawsuit by construction workers, finding no issues with the detailed report.

  • May 01, 2024

    Oil Drilling Workers Urge High Court Not To Review PPE Suit

    The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.

  • May 01, 2024

    La. Home Care Cos. Pay $422K For Wage Violations

    Five home care providers in Louisiana paid more than $422,000 for denying workers their full wages, the U.S. Department of Labor announced Wednesday.

  • May 01, 2024

    DOL's OT Rule Doesn't Touch Trucker Exemption

    Certain interstate truck drivers remain exempt from overtime under federal labor law, even as the U.S. Department of Labor has issued a new final rule addressing overtime exemptions for other workers. Here, Law360 explores the motor carrier exemption.

  • May 01, 2024

    Acting Labor Sec. Defends Status, Rules At Tense Hearing

    Acting Labor Secretary Julie Su defended her U.S. Department of Labor role and recent agency rules at a U.S. House committee hearing on Wednesday from Republicans who accused her of serving through a "loophole" and who questioned the legality of actions under her leadership.

  • May 01, 2024

    Fired HR Worker Hits Financial Co. With Age, Sex Bias Suit

    A financial services company laid off a human resources worker after she took federal medical leave and in retaliation for her repeated complaints about pay disparities between herself and younger, male employees, according to a lawsuit filed in Colorado federal court.

  • May 01, 2024

    Overtime Theft Scheme Earns Ex-Mass. Trooper 3 Years

    The former second-in-command of a Massachusetts state police traffic safety unit was sentenced to three years in prison for his role in a widespread conspiracy to steal federally funded overtime through no-work shifts.

  • May 01, 2024

    Ala. Insurance Co. Settles Adjuster's Overtime Suit

    An Alabama insurance agency will pay a settlement to end a claims adjuster's suit accusing it of failing to pay adjusters overtime wages for time they spent inspecting and assessing property damage, according to court papers.

  • May 01, 2024

    Teachers Say Pa. Can't Nix Equal Pay Suit

    A Pennsylvania school district can't snag a win on claims that it paid women teachers less than their male colleagues because it is clear that while the teachers performed comparable work, the pay was different, the women told a federal court.

  • May 01, 2024

    7th Circ. Backs Dismissal Of Ill. City Worker's Equal Pay Suit

    The Seventh Circuit declined to give an Illinois city diversity officer a second chance at her sex bias suit that claimed she was terminated after complaining that male co-workers were paid more for lighter workloads, ruling she didn't adequately back up her allegations.

  • May 01, 2024

    Texas Oil Field Supply Co. Wants OT Suit Arbitrated

    An ex-worker for a Texas oil field equipment supply company signed a valid agreement to arbitrate any employment disputes, the company said in asking a federal judge to send his unpaid overtime claims into arbitration.

  • April 30, 2024

    Foreign Farmworker Protection Rule Could Frustrate Hiring

    A new U.S. Department of Labor regulation boosting labor protections for H-2A visa workers has industry experts worried that it could frustrate a common practice of sharing employees within the agricultural industry, and pose hiring challenges for farmers and ranchers.

  • April 30, 2024

    Kroger, Albertsons Say FTC Distorts Markets In Merger Case

    Kroger and Albertsons told an Oregon federal court to reject a pending merger challenge by the Federal Trade Commission and a group of states, saying it distorts the competitive landscape for the grocery and labor markets.

  • April 30, 2024

    Staffing Firm Can't Send Misclassification Case To Arbitration

    A worker didn't enter an arbitration agreement with the oil and gas production company it accused of misclassifying him as an independent contractor and therefore an intervenor staffing company can't push the suit out of court, a New Mexico federal judge ruled.

  • April 30, 2024

    Wash. Job Applicant's Pay Transparency Suit Tossed For Now

    A Washington federal judge tossed a job applicant's state pay transparency suit against a rent-to-own retailer, ruling the job-seeker didn't prove how the company's failure to include pay information in a job listing negatively affected him.

  • April 30, 2024

    10th Circ. Says Biden Can Raise Contractors' Minimum Wage

    President Joe Biden's minimum hourly wage increase for federal contractors to $15 is intertwined with furthering the economy and is therefore supported by the Procurement Act, a split Tenth Circuit panel ruled Tuesday, agreeing with a Colorado federal court to keep the wage bump.

  • April 30, 2024

    DOL Fines Texas Nonprofit For Underpaying Disabled Workers

    A nonprofit in Texas paid more than $52,000 in back wages for denying 134 workers with disabilities the subminimum wage rate, the U.S. Department of Labor announced Tuesday.

  • April 30, 2024

    Money Can't Buy Unfair End To IHOP Tips Suit, Judge Says

    A New York federal judge rejected a proposed $100,000 settlement between IHOP franchises and an ex-waiter accusing them of paying servers' overtime wages with tips, saying several nonmonetary terms seem unfair and that "money can buy a lot of things, but not a license to violate the law." 

  • April 30, 2024

    DOL Asks 7th Circ. To Expand Unpaid Travel Time Ruling

    The U.S. Department of Labor urged the Seventh Circuit to affirm a lower court's ruling that a staffing firm must pay tradespeople for travel time between overnight jobs during normal working hours, and asked the court to extend the ruling to apply to travel outside regular work hours.

  • April 30, 2024

    How Fee-Shifting Clauses Can Sink An Arbitration Pact

    Arbitration agreements workers must sign as a job requirement may be found unenforceable if they include a fee-shifting provision that could make the out-of-court process so costly that they chill enforcement of employment laws, attorneys told Law360.

  • April 29, 2024

    3 Tips For Navigating DOL's New OT Rule

    Employers should audit their compensation data and get ahead of morale challenges to prepare for complying with the U.S. Department of Labor's just-released final rule on overtime-exempt professionals. Here, Law360 offers tips for employers to manage workforce changes related to the new regulation.

  • April 29, 2024

    Business Groups Rally Against Independent Contractor Rule

    The U.S. Department of Labor's rule determining whether workers are employees or independent contractors is confusing and lacks reason, a slew of business groups told a Texas federal court, backing the U.S. Chamber of Commerce and other entities' bid to nix the rule.

  • April 29, 2024

    Restaurateurs Say DOL Drew Tipped Work 'Line' Unfairly

    The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.

  • April 29, 2024

    Ex-Manager Accuses Hallmark Of Retaliation For Wage Claims

    A former manager said he was illegally let go for speaking up about Hallmark's alleged violations of a minimum wage ordinance, telling a California state court Monday that the greeting card giant terminated him for supposedly saying an expletive when profanity use is "embedded in Hallmark's culture."

Expert Analysis

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.