Wage & Hour

  • December 19, 2024

    Dinsmore Adds Labor And Employment Duo In Denver

    Dinsmore & Shohl LLP has hired two labor and employment attorneys in Denver from a firm one of those attorneys helped found, the firm announced Wednesday.

  • December 19, 2024

    Cos. Press Justices To Review Contractors Min. Wage Dispute

    Opposite opinions over the scope of the president's authority "cry out" for the U.S. Supreme Court intervention in a case challenging President Joe Biden's increase of the federal contractors' hourly minimum wage, two outdoor groups said, pointing to a Ninth Circuit's decision axing the wage hike.

  • December 19, 2024

    NYU Langone Wrongly Exempts IT Workers From OT, Suit Says

    New York University's academic medical center improperly classifies information technology workers as overtime-exempt despite their duties not falling under an exemption, causing them to lose out on extra wages, a proposed class and collective action filed in New York federal court said.

  • December 18, 2024

    Ex-Apple Workers Likely To Win Certification In OT Suit

    A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    Defunct Media Co. Staffers Nab Class Status In WARN Act Suit

    Workers at former digital media startup The Messenger who allege they were unlawfully terminated without advance notice can proceed as a group with their lawsuit, a New York federal judge ruled Wednesday, saying the company's arguments about the size of its workforce didn't hinder class certification.

  • December 18, 2024

    Food Co. Shaves Time Off Workers' Hours, Suit Says

    The company behind Chips Ahoy and Shredded Wheat failed to pay hourly workers for preshift meetings and shaved time off their time sheets, causing them to lose out on wages, according to a proposed class action filed in Michigan federal court.

  • December 18, 2024

    Nixon Peabody Employment Litigator Jumps To Rimon In LA

    Rimon PC is expanding its employment practice, announcing Wednesday it is bringing in a former Nixon Peabody LLP litigator as a partner in the firm's Los Angeles office.

  • December 18, 2024

    Minn. Restaurant Group To Pay $106K After DOL Probe

    A Minneapolis-based restaurant group will pay nearly $106,000 for stiffing workers on their full wages and tips and retaliating against one of them, the U.S. Department of Labor announced Wednesday.

  • December 18, 2024

    Call Center Worker Says Disability Nonprofit Skirts Wage Laws

    A disability services nonprofit failed to pay call center workers for time spent preparing for their shifts and miscalculates the rate at which they should be paid overtime, a worker alleged in a proposed class and collective action filed Wednesday in Virginia federal court.

  • December 18, 2024

    Class Counsel In NCAA-NIL Suits Seek $500M-Plus In Fees

    The attorneys who represent the athletes in two name, image and likeness class actions that were settled with the NCAA have requested more than half a billion dollars total in fees and costs, citing the "substantial risks and complex issues" involved.

  • December 18, 2024

    K&L Gates Gains L&E Atty In NY From Duane Morris

    K&L Gates LLP announced another addition to its labor, employment and workplace safety practice last week, welcoming a former Duane Morris LLP attorney to its New York office.

  • December 18, 2024

    Trucking Co.'s $3M Wage Deal Nabs Final OK

    Trucking company Ryder will shell out about $3 million to settle a suit in federal court by truck drivers alleging wage and hour violations and claims under California's Private Attorneys General Act.

  • December 18, 2024

    DEI Attacks, Hybrid Work, Paid Leave: 2024's Workplace Shifts

    Over the past year, challenges to employers' diversity, equity and inclusion programs reached a fever pitch, hybrid arrangements began to dominate the teleworking environment, and states and cities took unprecedented steps on paid leave. Here's a look at the major evolutions in workplaces in 2024.

  • December 18, 2024

    Servers See Class Trimmed In Unpaid Wages Suit

    A Colorado federal judge said a collective of servers can proceed on two of their claims accusing a steakhouse chain of unlawfully claiming a tip credit, but decertified the collective as to their claim that the company illegally retained funds from a tip pool.

  • December 18, 2024

    Construction, Payroll Cos. Strike $7.6M Deal In DOL Pay Suit

    A construction business in Phoenix and the company that handles its payroll will hand over nearly $7.6 million to end a U.S. Department of Labor suit alleging they failed to pay workers overtime premiums, according to an Arizona federal court filing.

  • December 17, 2024

    Union Says DOL's H2-A Contracts Defy Court Order

    A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.

  • December 17, 2024

    Little Caesar's Arbitration Clause Should Be Axed, Judge Told

    An ex-Little Caesars worker seeking to represent the pizza chain's California employees in a putative wage-and-hour class action urged a Golden State federal judge Tuesday to invalidate the restaurant's new arbitration agreement banning workers from participating in the litigation, saying the company didn't make it clear the clause was voluntary.

  • December 17, 2024

    Los Angeles Can't Dodge Ex-Cop's Military Leave Bias Suit

    A California federal judge declined to toss a former cop's suit claiming Los Angeles didn't grant equal sick and vacation time to service members and declined to promote him because he served in the National Guard, ruling he backed up his claims with enough detail to dodge dismissal.

  • December 17, 2024

    4th Circ. Undoes Classes Of Bojangles Managers In Wage Suit

    A Fourth Circuit panel untangled two classes of over 5,000 shift managers accusing fried chicken restaurant chain Bojangles of owing workers pay for off-the-clock work, ruling Tuesday that a lower court's overly broad approach was fatal to keeping the certification in place.

  • December 17, 2024

    X Can't Seal Corporate Info In $500M Severance Dispute

    A California federal judge refused Tuesday to allow X Corp. and Elon Musk to file under seal the company's corporate disclosure statement in a dispute over X's failure to adequately pay severance to former workers, saying there's no evidence that disclosing this information would harm the company.

  • December 17, 2024

    Ex-Reed Smith Atty Seeks To Appeal NJ Bias Damages Limit

    A former Reed Smith LLP labor and employment lawyer has told the New Jersey Appellate Division that a lower court was wrong to conclude that a pay discrimination law does not apply retroactively, limiting her potential damages against the firm in a bias lawsuit.

  • December 17, 2024

    Police Captains Say Del. City Fails To Pay Them OT

    The city of Wilmington, Delaware, misclassifies police captains as overtime-exempt despite their duties being nearly identical to those of police officers, who are eligible for overtime pay, a Delaware federal court was told.

  • December 17, 2024

    NY AG Recovers $4M In Tips For Former Drizly Drivers

    Defunct alcohol delivery service Drizly agreed to pay $4 million to more than 8,300 former delivery drivers after it failed to properly give them earned tips, New York Attorney General Letitia James announced Tuesday.

  • December 17, 2024

    Groups Want Win In Partially Blocked Prevailing Wage Rule

    The U.S. Department of Labor's final rule updating how prevailing wages are calculated under the Davis-Bacon Act should sink because it is arbitrary and capricious, a group of construction groups said, urging a Texas court to ax the rule after it partially blocked it.

Expert Analysis

  • 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.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.