Wage & Hour

  • September 26, 2024

    Ex-Luxury Brand Workers Get Collective Status In OT Suit

    A New York federal judge greenlighted a collective of retail workers who accused the high-end fashion brand Comme Des Garçons of incorrectly classifying them as managers to avoid paying them overtime, but refused to include Los Angeles-based employees in the group.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    New UFC Settlement Separates Cases, Ups Payout to $375M

    The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.

  • September 26, 2024

    Humana Failed To Pay For Pre-Shift Tasks, Worker Says

    Humana Inc. refused to pay call center employees for the time they spent booting up their computers and preparing for their workdays despite requiring them to be ready to accept calls within one minute of clocking in, a proposed class action filed in  Kentucky federal court said.

  • September 26, 2024

    Nurses Urge Full 9th Circ. To Rehear Salary Basis Case

    A group of San Francisco city nurses said that a Ninth Circuit panel drew an "extreme" difference in how federal salary tests apply in the public and private sectors, urging the full appeals court to intervene in their overtime suit.

  • September 26, 2024

    Automaker Accused Of Forcing Pregnant Worker To Take OT

    Off-road vehicle manufacturer Polaris forced a pregnant worker to resign when it wouldn't forgive her medical absences or excuse her from mandatory overtime, the U.S. Equal Employment Opportunity Commission alleged in the latest suit of its wave of Pregnant Workers Fairness Act cases.

  • September 26, 2024

    Amazon Worker Gets Trial In Military Leave Suit

    A Washington federal judge ejected one worker from a suit accusing Amazon of demoting or firing workers who took time off for military service, but teed up for trial another worker's claim alleging he was removed from consideration for a promotion after he said he was going to be deployed.

  • September 25, 2024

    4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice

    A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.

  • September 25, 2024

    7th Circ. May Seek Ill. High Court Input In Amazon Wage Row

    A Seventh Circuit judge appeared inclined Wednesday to let the Illinois Supreme Court weigh in on whether Illinois' minimum wage law incorporates a similar limitation created by an amendment to the Fair Labor Standards Act that clarifies preliminary activities like COVID-19 screenings aren't compensable.

  • September 25, 2024

    Office Depot Says Worker's Unpaid OT Suit Should Fail Again

    Office Depot urged a California federal court to permanently throw out a former worker's proposed class action accusing the office supply company of failing to pay overtime, saying he blew his one last chance to amend his case by failing to adequately fix its deficiencies.

  • September 25, 2024

    Wash. Hospital System Misclassifies Workers, Nurse Says

    A Washington-based hospital operator misclassified its workers as independent contractors and underpaid them for their overtime as a result, a registered nurse said in a proposed class and collective action in Washington federal court.

  • September 25, 2024

    DOL, DOT Call On Rail Cos. To Offer Paid Sick Leave

    The U.S. departments of Labor and Transportation in a letter Wednesday called on three major freight railroad companies to guarantee paid sick leave to all of their employees.

  • September 25, 2024

    Jones Day Must Face Ex-Firm Attys' Parental Leave Suit

    Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.

  • September 25, 2024

    Ogletree Lands Seyfarth Employment Atty In Chicago

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has grown its Chicago office with the addition of a Seyfarth Shaw LLP partner.

  • September 25, 2024

    Supervisor Says Shelter Failed To Pay Her For Off-Site Work

    A New York City homeless shelter failed to pay a former supervisor for the work she did outside the office despite requiring her to be on call at all times, according to a complaint filed in a federal court in Manhattan.

  • September 25, 2024

    Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe

    A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.

  • September 25, 2024

    10th Circ. Revives Amazon Worker's Overtime Suit

    The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.

  • September 25, 2024

    Workers Tell Justices OT Carveout Calls For Higher Standard

    A stricter standard requiring employers to prove by clear and convincing evidence that their employees are overtime-exempt is necessary to maintaining federal labor law's public purpose, a group of sales representatives for an international food distributor told the U.S. Supreme Court.

  • September 25, 2024

    NY Country Club Escapes Caddies' Wage Suit, For Now

    A New York federal judge threw out a proposed class action that golf caddies brought against a country club accusing it of classifying them as independent contractors to avoid paying them wages, saying they failed to show the company willfully violated federal labor law.

  • September 25, 2024

    Household Appliance Co. Didn't Pay Overtime, DOL Says

    A Los Angeles-based household appliance company failed to pay 185 workers their overtime wages, the U.S. Department Labor said in a suit filed in California federal court.

  • September 24, 2024

    Wash. Justices Dubious Of Moonlighting Ban Loophole

    Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.

  • September 24, 2024

    Darden Committed 'Wage Abuse' Against Workers, Suit Says

    Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.

  • September 24, 2024

    Staffing Co. Dodges Some Wage Claims In Workers' Suit

    A North Carolina federal judge trimmed a suit by workers accusing a staffing firm of unpaid wages, saying their overtime and minimum wage claims under state law are based on their Fair Labor Standards Act ones for improper deductions.

  • September 24, 2024

    Sheppard Mullin Adds Paul Hastings Employment Leader

    The co-leader of Paul Hastings LLP's wage and hour practice group has jumped to Sheppard Mullin Richter & Hampton LLP in California, the firm said Tuesday.

  • September 24, 2024

    EMS Workers Get Class Status In Sex, Race Pay Gap Suit

    A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.

Expert Analysis

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.