Wage & Hour

  • September 18, 2024

    Chicago Slams Airline Group's Suit Against Sick Leave Law

    Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.

  • September 18, 2024

    House Panel Members Question Legitimacy Of Axed Tip Rule

    A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.

  • September 18, 2024

    Missouri Eatery Owes $1.9M For Wage Violations, DOL Says

    A Missouri restaurant owes nearly $1.9 million for denying 26 workers their full wages, the U.S. Department of Labor claimed in a complaint filed in federal court.

  • September 18, 2024

    Worker Drops Suit Alleging Retaliation For Discussing Wages

    A former employee of a company that designs and manufactures radiation detection devices dropped his suit accusing the company of firing him in retaliation for discussing wages with his colleagues, according to a filing in Connecticut state court.

  • September 17, 2024

    Ga. Bars NCAA From Prohibiting NIL Compensation

    The NCAA and other athletic organizations cannot prohibit Georgia colleges and universities from providing student-athletes with name, image and likeness compensation under an executive order signed by Georgia Gov. Brian Kemp on Tuesday.

  • September 17, 2024

    Ex-Worker Suing Over Bonuses Backed Axing Them, X Says

    X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.

  • September 17, 2024

    New Mexico School District Failed To Pay OT, Workers Say

    Workers for a New Mexico school district sued a local board of education claiming they were stiffed on overtime pay every other week, according to a complaint filed Tuesday in New Mexico federal court.

  • September 17, 2024

    Regeneron Raps Suit Alleging A Firing Was For Medical Leave

    Regeneron Pharmaceuticals urged a New York federal court to toss a former director's suit alleging she was terminated for using medical leave to care for her daughter and herself, saying her position was eliminated for financial reasons, and she hasn't proven any bias or retaliation.

  • September 17, 2024

    PAGA Claim On Unpaid Wages Dismissed In Joint Agreement

    A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.

  • September 17, 2024

    Duane Morris Atty Asks Court To Keep Proposed Class Alive

    A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.

  • September 17, 2024

    Mass. Contractor Owes $77K For Violating Davis-Bacon Act

    Five construction workers recovered $77,206 after they were stiffed of prevailing wages and fringe benefits on a Davis-Bacon Act project in Boston, the U.S. Department of Labor announced Monday.

  • September 17, 2024

    Drivers Claim Bolt App's 'Full Control' Makes Them Workers

    Drivers for Bolt testified Tuesday that the "full control" exercised by the ride-hailing app over aspects of their job means that they should be classed as workers as they pursue a mass claim against the company at a London employment tribunal. 

  • September 16, 2024

    Pa. Judge Awards Servers $400K in Atty Fee Row

    A Pennsylvania restaurant group is on the hook for more than $400,000 in attorney fees in a 4-year-old wage-and-hour collective action that saw a jury verdict in favor of more than 400 servers alleging tipped wage violations, according to a federal judge's order Monday.

  • September 16, 2024

    T-Mobile Doesn't Pay Technicians Proper OT, Suit Says

    T-Mobile USA Inc. underpays on-call technicians with a subpar flat rate for overtime work, according to a putative collective action filed in Washington federal court.

  • September 16, 2024

    DOL Faces 2 More Suits Over H-2A Farmworker Labor Rule

    The U.S. Department of Labor was hit Friday with two lawsuits attacking its new regulation protecting union-related activities for agricultural workers on seasonal H-2A visas — less than a month after a Georgia federal judge paused the regulation.

  • September 16, 2024

    Chevron Deference Invalid In Travel-Time Pay Case, DOL Says

    The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.

  • September 16, 2024

    Pall Corp. Shorts Workers By Rounding OT, Suit Says

    A proposed class action filed Sept. 12 alleges that biotech supplier Pall Corp. followed a time-rounding policy that systematically undercompensated employees, and accused the company of improperly deducting 30 minutes from employees' pay for meal breaks, even when employees took shorter breaks.

  • September 16, 2024

    Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.

    Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP. 

  • September 16, 2024

    Telecom Installer To Pay Workers $600K To End DOL Probe

    A Michigan-based fiber optics installer will pay $594,000 in back pay and damages to 63 workers whom the U.S. Department of Labor says the company misclassified as independent contractors, the agency announced Monday.

  • September 16, 2024

    NY Home Health Co. To Pay $3.5M To Settle Wage Claims

    A New York federal judge has signed off on a New York-based home health care agency's $3.5 million settlement with thousands of home aides who alleged violations of state wage law and the Fair Labor Standards Act.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 13, 2024

    NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow

    In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • September 13, 2024

    UFCW Pushes Supermarket To Produce Records In Labor Row

    The United Food and Commercial Workers Local 400 asked a federal judge to compel a grocery store to comply with a subpoena for records relating to grievances about workers' hours and pay.

  • September 13, 2024

    Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit

    A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.

  • September 13, 2024

    Mass. Justices Say Benefits Don't Accrue Under Leave Law

    Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.

Expert Analysis

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

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    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • Eye On Compliance: Service Animal Accommodations

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    A Michigan federal court's recent ruling in Bennett v. Hurley Medical Center provides guidance on when employee service animals must be permitted in the workplace — a question otherwise lacking clarity under the Americans with Disabilities Act that has emerged as people return to the office post-pandemic, says Lauren Stadler at Wilson Elser.

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • Takeaways From Virgin's Wage And Hour Class Action Loss

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    A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.

  • There's More To The Helix FLSA Opinion Than Meets The Eye

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    At first blush, the U.S. Supreme Court's recent Helix decision seems remarkable for its determination that an oil rig worker who makes $200,000 a year can still be entitled to overtime, but the decision also offers two more important takeaways about how the Fair Labor Standards Act may be applied, says Nicholas Woodfield at The Employment Law Group.

  • What Employers Need To Know About New Breastfeeding Law

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    The recently enacted federal PUMP Act expands employers' existing obligations to provide breaks and space for certain employees to express breast milk, so employers should review the requirements and take steps to ensure that workers' rights are protected, say Sara Abarbanel and Katelynn Williams at Foley & Lardner.

  • 6 Labor Compliance Questions For Infrastructure Contractors

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    Eric Leonard at Wiley provides a checklist to help both traditional and nontraditional government contractors identify and understand the enhanced labor and employment compliance obligations they assume by taking on a project funded under the Bipartisan Infrastructure Law.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

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    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • New Rulings Show Job Duties Crucial To Equal Pay Act Claims

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    Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

  • Tips For Handling Employee Pay Scale Asks As Laws Expand

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    Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.