Wage & Hour

  • June 13, 2024

    Wage Violation Window Narrowed Before Trial

    A group of workers for a sheriff's office can bring evidence at trial that the county they worked for committed wage violations only within the time period covered by the three-year statute of limitations, which is locked at the moment workers opt in, a Tennessee federal judge ruled.

  • June 13, 2024

    Mass. Court Blesses Broad Liability In BMW Dealer Wage Suit

    An intermediate Massachusetts appellate panel on Thursday ruled that a BMW dealership employee can sue not only her direct employer for wage law violations, but also a separate company that manages the dealership.

  • June 13, 2024

    Courts Grow Dubious Of Approval Obligation For FLSA Deals

    The future of Fair Labor Standards Act settlement approvals is increasingly uncertain, as federal district court judges have been departing from precedent by saying parties can privately settle without court approval. Here, Law360 explores the issue.

  • June 13, 2024

    Perdue Wants Copycat Wage Suit Tossed or Transferred

    Perdue Foods asked a Maryland federal judge Thursday to throw out or transfer to Georgia a chicken grower's suit alleging independent contractor misclassification, saying the claims are identical to another suit in that state the named plaintiff was involved with.

  • June 13, 2024

    Mass. High Court Approves Tipped Wage Ballot Measure

    Massachusetts' highest court on Thursday gave its blessing to a November ballot question asking voters to increase the state's minimum wage for tipped workers, finding that pairing the measure with a provision to allow tip pooling is part of an overall public policy goal to boost wages for all service industry employees.

  • June 13, 2024

    Calif. Residential Care Co. Owes $659K For Wage Infractions

    A Los Angeles residential care company must pay nearly $659,000 in back wages, damages and fines for denying workers their full wages, the California Labor Commissioner's Office announced Thursday.

  • June 12, 2024

    NM Pot Store Chain Unlawfully Keeps Tips, Budtenders Say

    A cannabis retail chain in New Mexico is accused of unlawfully taking tips from its budtenders under the premise that the money would be donated to a charity, according to a proposed class action filed Wednesday in federal court.

  • June 12, 2024

    NY Court Strikes Housing Tax Break's Labor Dispute Process

    A New York state court has undercut a provision in a since-expired affordable housing tax break that enabled a city watchdog to issue judgments against developers who underpaid construction workers, deeming the provision unconstitutional because decisions could not be appealed.

  • June 12, 2024

    Amazon Flex Drivers Seek to Arbitrate Employment Status

    Nearly 16,000 Amazon drivers filed arbitration claims against the e-commerce giant with the American Arbitration Association this week seeking unpaid wages and compensation for work-related expenses because of their misclassification as independent contractors.

  • June 12, 2024

    Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    'Unconscionable' Arbitration Pacts Keep PAGA Suit In Court

    A cemetery and funeral services company can't compel arbitration of two former employees' Private Attorneys General Act lawsuit because the arbitration pacts it gave them are "unconscionable," a split a California appellate panel ruled, affirming a trial court's decision.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 12, 2024

    Texas Firm Accused Of Misclassifying Paralegal As Contractor

    A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.

  • June 12, 2024

    Magistrate Endorses Axing OT Suit But Allowing 2nd Chance

    A federal magistrate judge advised tossing an unpaid overtime lawsuit against a California cold storage company that specializes in packing agricultural goods, but said the worker should have an opportunity to flesh out their claims.

  • June 12, 2024

    DOL Hits IHOP Franchises With FLSA Suit

    The owner of IHOP franchises in Illinois owes more than $568,000 in back wages, damages and fines for denying workers their full tips and wages, the U.S. Department of Labor said in a complaint.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    9th Circ.'s AB 5 Ruling Leaves Less Hope For Striking Law

    A full Ninth Circuit ruling that California's Assembly Bill 5 doesn't violate certain businesses' equal protection rights is, for now, likely the end to yet another argument parties have used to challenge the worker classification law.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Home Depot Again Notches Win In OT Suit

    A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.

  • June 11, 2024

    Attys Must Justify Bid For Extra Fees From Tip Deal Leftovers

    The attorneys representing workers accusing restaurant chain Famous Dave's of violating tip regulations will need to justify why they are trying to get a portion of unclaimed funds in an almost $1 million deal, a Maryland federal judge ruled.

  • June 11, 2024

    NC Truck Drivers Get $242K Atty Fee In Wage Suit Deal

    A North Carolina federal judge has awarded a class of truck drivers for a shredding company just under $242,000 in attorney fees on top of a $725,000 settlement to resolve claims the company deducted pay for meal breaks they did not take.

  • June 11, 2024

    Labcorp Workers' $2.4M Wage Deal Wins Court Approval

    A California federal judge placed the final stamp of approval on a $2.4 million deal ending class claims that Labcorp failed to pay overtime wages for the time carriers spent driving to and from locations and violated state meal and break laws.

  • June 11, 2024

    Lacrosse Coach Loses Bias Suit After Getting Cozen Booted

    A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.

  • June 11, 2024

    Childcare Custodian's Weekly Wage Suit Can Continue

    A childcare center custodian can continue with his claim that the center operators failed to pay him weekly wages as state law requires for workers who perform manual labor, a New York federal judge ruled, but cut his claim that the center didn't provide proper wage notices.

Expert Analysis

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.