Wage & Hour

  • September 23, 2024

    DOL Says It Can Set Higher Wages For H-2A Workers

    The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.

  • September 23, 2024

    Boston Globe Secures Key Depo In Exec's Firing Suit

    A Massachusetts state judge has OK'd The Boston Globe's request for a subpoena it hopes will show a fired executive had a habit of questionable corporate spending.

  • September 23, 2024

    Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight

    A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.

  • September 23, 2024

    3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case

    The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time. 

  • September 23, 2024

    UPS Beats Union-Represented Workers' Pension, Wage Suit

    UPS beat back claims that it violated benefits and wage laws by depriving two union-represented workers of their seniority and related pension credits when they transferred units, with an Indiana federal judge saying that issues with the lawsuit tanked the workers' legal arguments.

  • September 23, 2024

    5th Circ. Salary Rule Decision Is Blueprint For Reg Challenges

    A Fifth Circuit decision affirming the U.S. Department of Labor's authority to issue salary regulations doesn't foreclose the success of other challenges to its overtime standard, but it provides a methodical road map for courts to evaluate rulemaking generally, attorneys say.

  • September 23, 2024

    House Panel Subpoenas DOL For Independent Contractor Info

    The chairwoman of the U.S. House Committee on Education and the Workforce served the U.S. Department of Labor with a subpoena Monday, pointing to the department's several failures to respond to questions about its independent contractor misclassification probes.

  • September 23, 2024

    Ark. Dispatcher's Settlement Approved In OT Dispute

    An Arkansas federal judge signed off on a settlement that puts an end to an emergency dispatcher's proposed class action alleging the city of Jonesboro, Arkansas, shorted her and others on overtime wages, finding she had adequately resolved an error in her prior proposed settlement.

  • September 20, 2024

    Judge Doubts Amazon Targeted Workers On Military Leave

    A Washington federal judge pressed an ex-Amazon employee on Friday to back up allegations that she was fired for taking military leave, saying the termination appeared to be an administrative "oops" on the company's part that it has since corrected by offering reinstatement and back pay.

  • September 20, 2024

    H-2A Wage Rule Blocked In La. For Sugarcane Farms

    A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.

  • September 20, 2024

    DOL's Post-Chevron Tactic Has Mixed Results

    The U.S. Department of Labor's attempts to defend its wage and hour regulations in a world without Chevron deference have so far been only partly successful, as two recent Fifth Circuit decisions show.

  • September 20, 2024

    Amazon Escapes Bulk Of Drivers' Wage Suit

    A Washington federal judge on Friday threw out multiple claims from 19 delivery drivers in an 8-year-old lawsuit alleging Amazon misclassified them as independent contractors and shorted them on wages, saying many of the workers failed to show that their wages dipped below state and federal standards.

  • September 20, 2024

    Cellphone Retailer To Pay $750K In Lost Wages, NY AG Says

    A former certified Verizon retailer will shell out $750,000 to about 450 workers following an investigation by New York Attorney General Letitia James that revealed the business cheated employees out of wages and retaliated against those who raised any issues, James announced Friday.

  • September 20, 2024

    NY Forecast: 2nd Circ. Hears Unsealed Arbitration Award Row

    This week the Second Circuit will consider a janitorial company's challenge to a lower court order that allowed an arbitration award in a dispute over what a janitor alleged was the company's misclassification of janitors as independent contractors to become public. Here, Law360 explores this and another employment case on the docket in New York.

  • September 20, 2024

    5th Circ. Opinion On Salary Regs Supports OT Rule, DOL Says

    The U.S. Department of Labor urged a Texas federal court to throw out a lawsuit from the Lone Star State and several business groups alleging the agency's new rule setting salary thresholds for overtime exemptions is unlawful, saying a recent Fifth Circuit opinion indicates the opposite.

  • September 20, 2024

    Worker Says Oil Field Co. Misclassified Him To Dodge OT

    A Texas-based oil field support services company misclassified workers as independent contractors to avoid paying them overtime, a former worker alleged in a proposed collective action filed in federal court.

  • September 20, 2024

    Labor & Employment Trio From Calif. Firm Arrive At Buchalter

    Buchalter PC said Thursday that it has hired three attorneys from California firm Atkinson Andelson Loya Ruud & Romo, including a shareholder who will co-chair its wage and hour practice and chair its Private Attorneys General Act practice.

  • September 20, 2024

    Caddies Can Keep Their Unpaid Wages Suit On Course

    The bag fees caddies received from golfers were tips, not service charges, a New York federal judge ruled, denying a course operator's bid to toss the workers' suit claiming unpaid minimum wage and overtime under federal and state law.

  • September 20, 2024

    LA Sees Retired Police Lt.'s Military Leave Suit Trimmed

    A California federal judge threw out several claims in a retired police lieutenant's lawsuit alleging the city of Los Angeles denied sick time and promotions to police officers who took military leave, although the parties have taken issue with the scope of the judge's order.

  • September 19, 2024

    Club Owner Finalizes Deal With Exotic Dancers In Wage Suit

    An Arkansas federal judge on Thursday closed a suit a group of exotic dancers launched against a club owner accusing him of misclassifying them as independent contractors and compensating them only through tips, coming after the parties reached a settlement in June.

  • September 19, 2024

    Feds, Wis. Military Affairs Office Ink Deal In Pay Bias Suit

    The Wisconsin Department of Military Affairs will pay $175,000 to end a U.S. Department of Justice suit alleging it offered a female job applicant a lower salary than what it paid a man for the same position, according to a filing Thursday in federal court. 

  • September 19, 2024

    Sephora Workers Can Move Forward With Late Payment Suit

    New York Labor Law gives workers the ability to sue over claims of untimely payments, a New York federal judge ruled Thursday, departing from a magistrate judge's recommendation to toss a suit against Sephora.

  • September 19, 2024

    Cleaning Co., H-2B Workers Nab Final OK For $400K Deal

    A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.

  • September 19, 2024

    Freight Delivery Co. Inks $4M Deal In Truck Drivers' Wage Suit

    Long-haul freight delivery company CRST will shell out about $4 million to settle a suit by truck drivers accusing the company of not paying them their full wages and failing to provide breaks, after a California federal judge gave the deal its initial approval.

  • September 19, 2024

    Teamsters Unit Escapes Hospital Worker's Wage Suit

    A Massachusetts federal judge tossed a hospital worker's claims that a Teamsters unit failed to properly represent her when she didn't receive as big a pay bump under a new collective bargaining agreement as expected, saying the union showed it did what it could to advocate for her.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • 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.