Wage & Hour

  • May 28, 2024

    Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal

    An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.

  • May 28, 2024

    A Worker Advocate On Desegregating The Workforce

    Rebecca Dixon, a leader in workers' rights, said that major policy reforms like revising the Fair Labor Standards Act are needed to overcome the occupational segregation that characterizes today's workforce. Here, Dixon speaks to Law360 about the effects of occupational segregation and what needs to be done to address it.

  • May 28, 2024

    Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims

    A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.

  • May 28, 2024

    Kroger, Albertsons Must Give FTC Texts, Written Notes

    Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.

  • May 28, 2024

    Amazon Driver Says Order Clearly Axed Misclassification Suit

    A now-retired federal judge clearly dismissed a suit claiming Amazon misclassified workers as independent contractors when she pushed it into arbitration, the Amazon flex driver suing the company told a New Jersey federal court.

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    Littler Brings On Ogletree Pay Equity Leader In NYC

    Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

  • May 28, 2024

    Calif. Ups Prosecutor Budgets By $8.6M To Fight Wage Theft

    More than a dozen public prosecutors in California will receive nearly $8.6 million from the state to set up wage theft enforcement programs, the California Department of Industrial Relations announced.

  • May 28, 2024

    Contractor Rule Doesn't Hurt Groups Challenging It, DOL Says

    The U.S. Department of Labor's final rule sorting out workers' independent contractor classification incorporates long-used standards, and therefore the U.S. Chamber of Commerce and other groups' arguments of harm aren't plausible, the department told a Texas federal court.

  • May 28, 2024

    Transit Co., Bus Drivers' Wage Deal OK'd

    An Ohio federal judge placed the final stamp of approval Tuesday on a $200,000 deal between a transportation company and the bus drivers accusing it of failing to pay them overtime wages.

  • May 24, 2024

    Workers' Atty Says 'Game Over' For Hospital On Wage Liability

    Counsel for a group of workers said Friday it was "game over" for a Seattle-area hospital system facing a class action suit for allegedly violating state law with its break policy, urging a judge to rule the system was liable because it acknowledged workers on long shifts didn't take a second mealtime.

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Jazz Director Accuses Philly Pops, Execs Of RICO Conspiracy

    A former Philly Pops jazz director has sued the defunct orchestra group, its ex-CEO, a rival orchestra, the Kimmel Center and others in Pennsylvania federal court, claiming they conspired to monopolize the orchestral music market and lied about the organization's debt to force it to shut down while depriving him of pay.

  • May 24, 2024

    CVS Hit With PAGA Suit Alleging OT, Records Violations

    CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

  • May 24, 2024

    Ex-Employee, Furnisher Renew Settlement Bid In FLSA Suit

    A corporate office furnisher and a former employee who alleged he was fired after complaining about unpaid overtime have once again asked a Georgia federal judge to approve a settlement between them, saying they cured all issues identified by the judge when he refused to approve the deal in April.

  • May 24, 2024

    5th Circ. Again Upholds Engineers' OT Win

    A Fifth Circuit panel on Friday backed for the second time a lower court's ruling that two engineers receiving a weekly minimum salary as part of their compensation package were not overtime-exempt and sent the case back to the district court to determine damages awards.

  • May 24, 2024

    Cleaning Co. Should Pay Up In SEIU Arb. Case, Judge Says

    A cleaning company and its related entities should be required to compensate terminated workers with more than $22,000 stemming from an arbitration award, a New York federal magistrate judge recommended Friday, saying a Service Employees International Union affiliate showed the businesses were alter egos.

  • May 24, 2024

    4 Places That Are Leading The Gig Worker Pay Push

    A growing list of cities and states are setting mandatory wage floors for gig workers, who are typically classified as independent contractors and therefore not eligible for minimum wage protections. Here, Law360 explores places with minimum pay for gig workers.

  • May 24, 2024

    NY Forecast: School Pushes To Arbitrate Retaliation Case

    On Thursday, a federal judge will consider a Buffalo, New York, Catholic school's bid to compel arbitration of claims brought by a former president who says she was retaliated against after she uncovered financial and academic issues at the school.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

    3 Tips To Manage Summer's Tricky Child Labor Landscape

    Amid an uptick in enforcement against child labor violations, a changing landscape for state laws on youth employment and the unofficial start of summer hiring season, attorneys tell Law360 three ways employers can stay in compliance with their new and temporary young employees.

  • May 24, 2024

    Liberty University Fights Class Cert. Bid In Time Sheet Suit

    A supervisor of intramural sports at Liberty University can't prove that other workers are similar enough to support collective certification in a suit alleging the university messed with employees' time records to cap their hours at 40 per week to avoid paying overtime wages, the school told a federal judge.

  • May 24, 2024

    Medical Courier Service Settles Drivers' Overtime Suit

    A Georgia-based medical courier service accused of failing to pay its drivers their proper overtime wages has agreed to settle the case, according to an unopposed bid for settlement approval that calls the deal "approximately equal to plaintiffs' best possible day at trial."

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    PNC, Loan Officers Ink $12M Deal In Rest Break Suit

    PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

Expert Analysis

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • 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.