Wage & Hour
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January 17, 2025
NY Forecast: Second Circuit Hears NYC IT Worker Bias Suit
This week, the Second Circuit will consider a former New York City IT worker's claim that she faced sexual harassment and discrimination at her job and was ultimately forced from her position in retaliation for complaining.
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January 17, 2025
Healthcare Co. Strikes Deal To End Nurse's OT Suit
A home healthcare services company reached a deal Friday to resolve a former nurse's lawsuit accusing it of failing to pay her overtime wages despite clocking in as many as 240 hours in a two-week period, a filing in Texas federal court said.
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January 17, 2025
Duke U. Strikes Deal In Female Scientist's Pay Bias Suit
Duke University and a female scientist have brokered an agreement to end her suit claiming she was paid less than her male counterparts and was threatened with demotions after complaining about it, according to a Friday filing in North Carolina federal court.
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January 17, 2025
High Court FLSA Ruling Should Nix 2-Step Cert., 9th Circ. Told
Cracker Barrel urged the Ninth Circuit to upend an order granting servers collective status, arguing the U.S. Supreme Court's recent ruling that the Fair Labor Standards Act's exemptions do not call for heightened evidence standards shows the two-step process for certifying a collective should be thrown out.
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January 17, 2025
Security Cos. Owe Officers OT, Court Told
Two security companies cheated officers out of overtime by failing to pay them for the preshift and post-shift work they performed donning and removing bulletproof vests and other security gear, a proposed class and collective action claimed in Colorado federal court.
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January 17, 2025
Calif. Forecast: $5M Staffing Co. Wage Deal Before Court
In the next week, attorneys should keep an eye out for potential preliminary approval of a $5.25 million deal to resolve a proposed wage and hour class action against a staffing company. Here's a look at that case and other labor and employment matters coming up in California.
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January 16, 2025
Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit
A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.
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January 16, 2025
Walgreens' $950K Deal Halted In Unreimbursed Expenses Suit
A $950,000 settlement that would resolve Walgreens workers' claims of unreimbursed expenses cannot proceed, a California federal judge ruled Thursday, taking issue with a release provision tied to two incentive awards, the opt-out time frame and the lack of opportunity to object to the proposed attorney fees.
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January 16, 2025
High Court Ruling On FLSA Evidence Standards Brings Clarity
The U.S. Supreme Court's ruling that the Fair Labor Standards Act's exemptions do not warrant higher evidence standards than what is typical of civil litigation brought clarity and showed the court's commitment to textualism, attorneys say.
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January 16, 2025
Biden Prevailed On Wage Policies, But Trump Can Undo Them
President Joe Biden moved the needle on independent contractors, prevailing wages, minimum pay for certain workers, and other wage and hour issues that appeared in his 2020 plan, but few of those developments carried the enduring weight of legislation. Here, Law360 explores Biden’s wage and hour legacy.
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January 16, 2025
FedEx Worker Wage Fight Ruling Likely On Hold
A Connecticut federal judge said Thursday that she is unlikely to rule on dueling summary judgment motions from FedEx Ground Package System Inc. and a class of workers demanding compensation for the time spent on company security screenings until the Second Circuit hands down its decision in a similar case.
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January 16, 2025
9th Circ. Affirms $23.2M Judgment In ICE Detainee Wage Trial
A split Ninth Circuit panel on Thursday upheld a $23.2 million district court judgment in favor of a class of U.S. Immigration and Customs Enforcement detainees and Washington state, ruling that the GEO Group isn't immune from paying the detainees the state minimum wage for their involvement in a work program.
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January 16, 2025
La. Home Care Cos. Owe $844K In DOL Misclassification Suit
Two Louisiana home care providers will pay more than $844,000 in back wages, damages and fines for misclassifying workers, the U.S. Department of Labor announced Thursday.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
GoDaddy, Black Ex-Director To Resolve Bias Suit In Arbitration
Web-hosting provider GoDaddy and a Black former director will head to arbitration to resolve his federal lawsuit in New Jersey alleging he was fired after complaining about race discrimination.
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January 16, 2025
Ogletree Hires Jackson Lewis Atty, Former NBA Counsel
Ogletree Deakins Nash Smoak & Stewart PC has hired a former Jackson Lewis PC attorney, who also has experience working in-house for the National Basketball Association as an associate counsel, the firm announced Tuesday.
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January 16, 2025
DOL Says Workers Received Millions In Back Wages In FY24
Workers got back millions of dollars in the last fiscal year while unlawfully employed minors received the protections they deserved after the U.S. Department of Labor stepped in, Solicitor of Labor Seema Nanda said in her office's last enforcement report before the new presidential administration takes office.
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January 16, 2025
Cleaning Contractor Owes $400K In DOL Child Labor Probe
A Tennessee cleaning contractor will pay $400,000 for hiring children to work overnight at meat and poultry processing facilities, the U.S. Department of Labor announced Thursday.
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January 16, 2025
Trinity Health, ER Nurses Seek OK For $450K Meal Break Deal
Nurses and technicians in the emergency departments at three Trinity Health-Michigan locations and the hospital sought approval Wednesday for a $450,000 deal to end claims that the workers weren't paid for work performed during meal breaks.
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January 16, 2025
Cleaning Co. To Pay $3.8M In DOL Overtime Suit
A cleaning company will pay more than $3.8 million to end a U.S. Department of Labor suit alleging it misclassified employees and altered time records to avoid paying overtime wages, according to a federal court filing.
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January 16, 2025
NYC Hospital Contractor To Pay $1.8M To End Wage Suit
A facilities management company that contracts with a New York City medical center will pay $1.8 million to resolve a class action accusing it of shorting its cleaning employees on overtime wages, a filing in New York federal court said.
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January 15, 2025
Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit
A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.
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January 15, 2025
In-N-Out Hit With Don-Doff Pay Suit By Former Workers
A group of former In-N-Out employees slapped the fast-food chain with a lawsuit in California state court accusing it of requiring them to remain on-call during breaks, and failing to reimburse them for time spent off-the-clock changing into and out of their uniforms before and after their shifts.
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January 15, 2025
NY Addiction Center Owes $5K In Overtime Wage Suit
The operators of an addiction and treatment facility in New York will pay $5,000 to end a suit alleging they stiffed workers on overtime premiums, according to a federal court filing.
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January 15, 2025
Perdue, Staffing Co. Ink Deals In DOL Child Labor Probe
Perdue Farms Inc. and a staffing company will pay more than $4.2 million for allowing minors to work dangerous jobs at a meat processing facility in Virginia at times the law forbids, the U.S. Department of Labor announced Wednesday.
Expert Analysis
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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What 7th Circ. Collective Actions Ruling Means For Employers
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.
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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility
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.
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What To Know About Ill. Employment Law Changes
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.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
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.
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Employers Should Not Neglect Paid Military Leave Compliance
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.
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Old Employment Law Principles Can Answer New AI Concerns
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.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
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.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
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.