Wage & Hour

  • August 30, 2024

    Calif. Forecast: $5M Walmart COVID Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5.2 million deal in a wage and hour class action against Walmart alleging the retail giant failed to pay for time workers spent in COVID-19 health screenings. Here's a look at that case and other labor and employment matters coming up in California.

  • August 30, 2024

    State & City Roundup: Wage And Hour News To Watch

    This fall Alabama is set to increase penalties for child labor violations, and Maryland will expand its pay transparency requirements. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.

  • August 30, 2024

    7th Circ. Will Look At 2-Step Cert. In Eli Lilly Age Bias Suit

    The Seventh Circuit said it would take up a midsuit appeal from Eli Lilly challenging a lower court's ruling granting collective certification to a sales representative in her age discrimination lawsuit, backpedaling from an order in July that declined to take up the dispute because of its incomplete record.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

  • August 30, 2024

    3 Tips For Navigating Tip Credit Rule's Demise

    With the Fifth Circuit striking down a federal rule on tipped wages, restaurants may be ready to rejoice, but attorneys say employers still need to check whether their state and local laws impose strict obligations and should retrain staff on servers' duties. Here, Law30 looks at three recommendations from industry attorneys as restaurants face new terrain when it comes to workers and tips.

  • August 30, 2024

    Campbell Cheats Distributors Out Of Benefits, Suit Says

    Campbell Soup Co. incorrectly classified distributors as independent contractors, causing them to lose out on certain employee benefits such as overtime wages, while stripping them of their promised authority, a proposed class action filed in New York federal court said.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."

  • August 29, 2024

    Airline Ducks Liquidated Damages In Military Leave Suit

    A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.

  • August 29, 2024

    Ga. School District Settles Wage Docking Suit With Bus Driver

    A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.

  • August 29, 2024

    5th Circ. Rules That Welding Inspector Isn't An Employee

    The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.

  • August 29, 2024

    9th Circ. Won't Rethink Arbitration Denial In Fuel Pumper Suit

    The Ninth Circuit refused Thursday to grant two aviation companies' request for a full-court rehearing in their challenge to an order that declined to send an airplane fuel pumper's lawsuit over unpaid wages to arbitration, leaving in place its July ruling that the case must be litigated in court.

  • August 29, 2024

    FTC Wants Kroger's Constitution Suit To Follow Merger Case

    The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.

  • August 29, 2024

    Pa. Residential Homes Operator Pays $327K After DOL Probe

    An operator of residential homes in Pennsylvania paid nearly $327,000 in back wages and damages for stiffing 504 workers on their full overtime wages, the U.S. Department of Labor announced Thursday.

  • August 29, 2024

    9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row

    The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.

  • August 29, 2024

    DOL Looks To Defeat Marketer's OT Salary Rule Challenge

    The U.S. Department of Labor has the authority to consider factors aside from job duties when determining which workers should earn overtime, the department argued as it urged a Texas federal court to end a marketing firm's suit alleging the agency overstepped by raising the salary thresholds for considering employees overtime-exempt.

  • August 28, 2024

    Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In

    A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.

  • August 28, 2024

    Nurse Staffing Firm Gets Final OK On $5M Wage Settlement

    A California federal judge has given the final sign-off to a $5 million deal ending claims that a nurse staffing firm failed to pay workers for the time they spent undergoing COVID-19 screenings and putting on and taking off personal protective equipment, according to court papers.

  • August 28, 2024

    4 Tips For Complying With NY Freelancer Law

    As New York's Freelance Isn't Free Act takes effect, employers in the Empire State should think broadly about who is a freelance worker and prepare for stiff penalties if disputes arise, attorneys said. Here, Law360 offers tips for complying with the new law.

  • August 28, 2024

    Conn. Investment Firm Withheld Pay, Commissions, Suit Says

    Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.  

  • August 28, 2024

    Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit

    A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.

  • August 28, 2024

    Kaufman Dolowich Hires Longtime Employment Atty In LA

    Kaufman Dolowich has hired a labor and employment attorney as a partner in its Los Angeles office who has been practicing with a firm he helped launch in 2009 for over 14 years, his new firm announced Wednesday.

  • August 28, 2024

    Texas Restaurants Pay $198K For Tip, Wage Violations

    Two restaurants in the Dallas area paid nearly $198,000 for denying workers their full tips and wages, the U.S. Department of Labor announced Wednesday.

  • August 28, 2024

    Worker Lowers Fee Request In 3rd Bid For OT Deal Approval

    A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.

  • August 27, 2024

    Taco Bell Franchisee Will Pay $2M To End Job-Posting Suits

    A Taco Bell franchisee, Sharp Electronics and DoorDash are among the latest employers to reach class deals in Washington state court to end job seekers' allegations they failed to include salary or wage ranges in job postings, in violation of Evergreen State pay transparency laws.

  • August 27, 2024

    Insurance Co. Can't Arbitrate Sales Agents' Unpaid OT Claims

    An insurance company declined to send to arbitration a proposed collective action accusing it of failing to fully compensate sales agents for their overtime hours, saying the relevant document controlling the terms of these workers' employment doesn't include an arbitration clause.

Expert Analysis

  • Key Employer Takeaways From DOJ's Poultry Antitrust Case

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    The U.S. Department of Justice’s settlement with three major U.S. poultry processors for allegedly conspiring to fix employee wages and benefits may signal an uptick in antitrust violation investigations and serves as a reminder to companies of the risks they face when managing employee personal data, say attorneys at Akin Gump.

  • Recent Employer Lessons On Facing Calif. Labor Hearings

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    A California state appeals court in Elsie Seviour-Iloff v. LaPaille recently set forth multiple important holdings expanding the potential relief available to employees pursuing administrative relief for wage claims with the Division of Labor Standards Enforcement, and they offer crucial takeaways for employers, says Tyler Bernstein at Sheppard Mullin.

  • Poultry Sector Wage-Fixing Case Shows Info Exchange Risks

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    The nearly $85 million settlement of a U.S. Department of Justice case accusing Cargill and other poultry processors of conspiring to suppress worker pay should prod employers and trade groups to scrutinize all exchanges of potentially competitive sensitive information for compliance with labor market antitrust rules, say attorneys at Mintz.

  • Beware Employee Tracking As A Response To 'Quiet Quitting'

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    "Quiet quitting" — a recent trend that encourages a bare-minimum work ethic — may prompt employers to electronically monitor worker productivity, but this response raises concerns about discrimination, employee classification, labor law compliance, overtime pay and workplace morale, says Chris Deubert at Constangy Brooks.

  • 9th Circ. Class Cert. Move Illustrates Individual Claim Issues

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    The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.

  • What Proposed Contractor Rule May Mean For Wage Litigation

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    The Biden administration's proposed independent contractor rule could have major implications for wage and hour litigation, but comparing it to the Trump administration's rule could help employers prepare for the next phase of employee classification disputes, say Jessica Scott and Frederick Yarger at Wheeler Trigg.

  • A Calif. Employer's Guide To Telework Expense Obligations

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    As the COVID-19 pandemic recedes and California employers face an increase in workplace reimbursement lawsuits from remote employees, it’s imperative to know what expenses must be covered — and how repayment should be administered — under state law, says Eric Fox at Gordon & Rees.

  • High Court FLSA Case Threatens OT Pay Landscape

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    The U.S. Supreme Court will soon decide in Helix Energy Solutions v. Hewitt whether a high-paid oil rig worker is entitled to overtime compensation under the Fair Labor Standards Act, and its eventual opinion could bring a new class of employees within the purview of the law’s requirements, say Melissa Legault and Wade Erwin at Squire Patton.

  • Calif. Pay Stub Ruling Spotlights Overtime, Bonus Compliance

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    Though a California appellate court's recent ruling provides a simple answer to how employers must list true-up overtime wages on pay stubs, it also underscores the importance of reviewing compliance requirements for wage statements where bonuses or other factors affect regular rates, says Paul Lynd at ArentFox Schiff.

  • 11th Circ. Clarifies FLSA Administrative Exemption

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    The Eleventh Circuit's recent decision in Fowler v. OSP Prevention Group about administrative employee determination under the Fair Labor Standards Act highlights the importance for employers to critically consider all required factors for an FLSA exemption, say Sarah Guo and Larry Perlman at Foley & Lardner.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

  • What Employers Should Do To Prepare For Natural Disasters

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    As hurricane season picks up steam and extreme weather events become more erratic and uncertain in every region of the U.S., employers must put emergency action plans in place that address everything from compensation issues to leave requests, says Sally Culley at Rumberger Kirk.