Wage & Hour

  • October 15, 2024

    California's Intersectional Bias Law Is A 'Game Changer'

    California Gov. Gavin Newsom recently signed a bill making the Golden State the first to enshrine intersectionality in its anti-discrimination laws, a move experts said will have a tangible impact on how cases are litigated. Here are three changes to watch for.

  • October 15, 2024

    SD Calls Foul On NCAA For Moving NIL Suit From State Court

    The state of South Dakota and its flagship universities on Tuesday asked that their suit challenging the NCAA's $2.78 billion settlement over name, image and likeness compensation be moved back to state court, claiming the NCAA "does not come within a country mile" of proving that it should have been removed to federal court.

  • October 15, 2024

    Pa. Contractor Fined $85K, Barred From Federal Projects

    A Pennsylvania-based contractor will pay more than $85,000 and lose its ability to work on federal projects for three years after stiffing workers on prevailing wages, fringe benefits and overtime pay, according to an order from a U.S. Department of Labor administrative law judge announced Tuesday.

  • October 15, 2024

    Paralegals Say Texas Personal Injury Law Firm Owes Them OT

    A Texas personal injury law firm failed to pay its employees for overtime and tried to put off back pay in order to buy time, nine paralegals said in a proposed collective action filed in federal court on Tuesday.

  • October 15, 2024

    4th Circ. Won't Revive Ex-Development Director's Bias Suit

    A North Carolina city's win over a former development director's discrimination and wage suit will stay in place, the Fourth Circuit ruled Tuesday, finding no error in a lower court's decisions.

  • October 15, 2024

    Construction Co. Gets Worker's Wage Suit Sent To Arbitration

    A California federal judge shipped a worker's wage and hour proposed class action to arbitration, saying a construction company's collective bargaining agreement requires he waive his Private Attorneys General Act claim and proceed individually on his allegations.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    Workers, Waste Companies Reach $575K Deal In Wage Suit

    Two waste management companies will pay $575,000 to end a proposed class and collective action accusing them of automatically deducing workers' meal breaks and failing to include bonuses while calculating overtime, according to a filing in Pennsylvania federal court.

  • October 15, 2024

    Equinox Says Poor Performance, Not Bias, Got Worker Axed

    Fitness company Equinox urged a New York federal court to throw out a former high-level employee's suit alleging the company's "bro culture" placed her on the chopping block, saying she was part of its COVID-induced reduction-in-force because her performance was waning.

  • October 15, 2024

    High Court Won't Review Constitutionality Of Calif.'s AB 5

    The U.S. Supreme Court on Tuesday declined Postmates and Uber's request to review a Ninth Circuit ruling that said California's worker classification law is constitutional and does not strip the gig economy giants of equal protection under the law.

  • October 11, 2024

    NCAA Says SD Suit Over NIL Deal Belongs In Federal Court

    The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.

  • October 11, 2024

    DOL Says Independent Contractor Case Can't Stand

    A trucking company failed to show how the U.S. Department of Labor's final rule determining whether workers are independent contractors under federal law hurts it, the DOL told a New Mexico federal court, arguing that their efforts to ax the rule are rootless.

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    No Coverage For Wage Disclosure Suits, Insurer Says

    An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.

  • October 11, 2024

    Truck Assn. Backs Postmates, Uber In High Court AB 5 Fight

    An association representing small trucking businesses backed Uber and Postmates' efforts to get the U.S. Supreme Court to mull their case challenging California's Assembly Bill 5, saying that a Ninth Circuit decision threatens the rights of those raising equal protection claims.

  • October 11, 2024

    Lane Bryant Strikes $1.15M Deal To Resolve Wage Suit

    Fashion company Lane Bryant reached a $1.15 million deal to resolve a former worker's Private Attorneys General Act lawsuit accusing the company of failing to pay employees a minimum wage and provide them with rest periods, according to a filing in California federal court.

  • October 11, 2024

    Off The Bench: NCAA's NIL Deal Advances, QB Settles Again

    In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.

  • October 11, 2024

    NY Forecast: 2nd Circ. Hears Blue Man Group Union Dispute

    This week, the Second Circuit will consider the National Labor Relations Board's bid to enforce an order finding a school founded by members of the Blue Man Group refused to bargain with a United Auto Workers local after the union's 2021 election victory.

  • October 11, 2024

    Staffing Co. Cuts Deal To End Travel Nurses' Pay Claims

    A staffing firm agreed to pay nurses $500 each to end allegations that it lured them to work at COVID-19 testing clinics in Fort Lauderdale, Florida, by making wage promises it never fulfilled, a filing in Georgia federal court said.

  • October 11, 2024

    Nursing Home Operator Hit With OT Suit In Ohio

    A nursing home operator unlawfully denied certified nursing assistants overtime pay and also docked their pay for meal breaks that were never taken, according to a proposed class action filed in Ohio federal court.

  • October 11, 2024

    Calif. Forecast: $12M PNC Wage Deal Heads To Judge

    In the coming week, attorneys should keep an eye out for the potential final approval of a nearly $12 million deal to resolve a wage and hour class action against PNC Bank NA. Here's a look at that case and other labor and employment matters coming up in California.

  • October 10, 2024

    Election Season Can Bring OT Issues For Campaigns, Parties

    Federal election campaign, party and poll workers in recent years have alleged unpaid overtime, and such litigation can last long after people cast their votes. As the November election approaches, Law360 explores these issues.

  • October 10, 2024

    Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight

    A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.

  • October 10, 2024

    Insurance Co. Fired Worker For Flagging Unpaid OT, Suit Says

    A title insurance company improperly classified systems administrators as overtime exempt despite their job duties not falling under the exemption and then fired a worker when he complained about the practice, a lawsuit filed in Delaware federal court said.

Expert Analysis

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.