Wage & Hour

  • June 07, 2024

    Driver's Wage Action Travels Back To State Court

    The Labor Management Relations Act doesn't preempt a driver's suit accusing two cold storage companies of wage and breaks violations, a California federal judge ruled, sending the case back to state court.

  • June 06, 2024

    FTC Says Kroger Hasn't Turned Over Promised Documents

    The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

  • June 06, 2024

    Full 4th Circ. Won't Rehear Inmates' Wage Suit

    The full Fourth Circuit won't review a panel's ruling that the purpose of the job of incarcerated individuals performed at a Baltimore County recycling plant determines whether federal minimum wage laws apply, turning down on Thursday the county's bid to step in.

  • June 06, 2024

    Wynn, Casino Worker Ink $600K Deal In Tip Suit

    The Wynn Las Vegas has agreed to pay $600,000 to end a slot attendant's suit alleging the casino shared tips with managers and diverted some to the casino itself claiming misplacement of tips, according to a motion to approve the deal filed in Nevada federal court.

  • June 06, 2024

    Texas Food Truck Operator Pays $157K For OT Violations

    A Texas food truck operator paid more than $157,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced Thursday.

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Logistics Co. Didn't Pay Full OT, Suit Says

    A Connecticut-based freight logistics company only paid time-and-a-half rates when employees worked more than 45 hours per week, denying workers their full overtime pay, according to a proposed class and collective action filed Thursday in federal court.

  • June 06, 2024

    Calif. AG Tells 9th Circ. NRA Ruling Doesn't Impact AB 5 Case

    The U.S. Supreme Court's recent decision siding with the National Rifle Association on its free speech claims has nothing to do with Uber and Postmates' challenge to California's Assembly Bill 5 governing worker classification, the state attorney general told the Ninth Circuit.

  • June 06, 2024

    TJ Maxx Hit With Rest Break, Sick Pay Class Action

    TJ Maxx has been requiring thousands of California workers to work through their rest breaks but forcing them to mark otherwise on their time sheets in violation of state labor law, a worker alleged in a proposed class action in state court.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    NYC Thai Eateries Owe $1.5M In Chefs' Wage, OT Suit

    A New York federal judge ordered several companies that owned and operated four now-shuttered Thai restaurants in Manhattan to pay over $1.5 million to settle class action claims that they failed to pay full minimum or overtime wages.

  • June 06, 2024

    Ga. Mortgage Co. Owes Loan Processors OT, Suit Says

    A mortgage lender unlawfully considered loan processor managers overtime-exempt under the Fair Labor Standards Act despite them performing nonexempt duties, a former employee said in a proposed class action filed in Georgia federal court.

  • June 05, 2024

    Hospital Network Stiffs Workers On Meal Breaks, Suit Claims

    A Missouri hospital network automatically deducted meal breaks from nurses' and technicians' pay even though they were unable to take the breaks, a former employee said in a proposed class and collective action filed in federal court.

  • 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.

Expert Analysis

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • 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.