Wage & Hour

  • 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.

  • October 10, 2024

    Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says

    The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.

  • October 10, 2024

    CommScope Settles Ex-VP's Severance Benefits Suit

    Wireless network provider CommScope Holding Co. has settled a former vice president's wrongful termination and denial of benefits suit alleging he was terminated over poor performance allegations fabricated by a supervisor who saw him as competition for a higher role in the company.

  • October 10, 2024

    SeaWorld Wraps Up Suit Over COVID Severance Pay

    SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.

  • October 10, 2024

    Ex-Citibank VP Says Bank Fired Her For Taking Parental Leave

    A former Citibank senior vice president and head of the bank's fair employment practices said Thursday she lost her job after becoming pregnant and suffering from pregnancy-related complications, accusing Citibank of discrimination.

  • October 10, 2024

    Kentucky Restaurants Pay $250K After DOL Child Labor Probe

    A Kentucky restaurant chain paid $250,000 for employing a child who was too young to work and letting other minors work past legally permitted times, the U.S. Department of Labor announced Thursday.

  • October 10, 2024

    Construction Co. Pushes To Narrow Discovery In OT Fight

    A construction company urged a Michigan federal judge to rethink his decision greenlighting a worker's bid to engage in classwide discovery in his unpaid overtime suit, saying the decision conflicts with a discovery order in a similar case against the company.

  • October 10, 2024

    Domino's Operator, Driver Settle Reimbursement Suit

    An operator of Domino's Pizza franchise stores and a delivery driver who alleged she wasn't adequately reimbursed told a Tennessee federal judge they've agreed to settle her Fair Labor Standards suit, asking the court to keep the case open while they draft the deal.

  • October 10, 2024

    Lawmakers Want Calif. Colleges To Flex NIL Muscle

    As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.

  • October 09, 2024

    Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges

    A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.

  • October 09, 2024

    American Airlines Escapes OT Claim For Log-In Time

    American Airlines was cleared of a customer service representative's overtime wages claim under the Fair Labor Standards Act for time spent logging in before his shift, an Arizona federal judge ruled Wednesday, finding the worker is exempt from overtime based on his job responsibilities.

  • October 09, 2024

    4 W&H Tips To Stay Compliant During Emergencies

    Severe storms and hurricanes don't nullify wage and hour compliance, and employers should make sure workers continue to be paid properly during these emergencies, which means ensuring salaried professionals aren't docked pay and employees don't volunteer work hours, attorneys say. Here are four tips for employers to stay on the right side of wage and hour law during an emergency.

  • October 09, 2024

    Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages

    An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.

  • October 09, 2024

    Loan Officer Says Mortgage Co. Failed To Pay Workers OT

    Loan officers frequently clocked in more than 40 hours per week and were classified as nonexempt but were not paid at time and a half for those extra hours, a former employee at a mortgage company told a Wisconsin federal court.

  • October 09, 2024

    Sales Reps Want Final OK For $4.6M Deal In Unpaid OT Suit

    Sales representatives who alleged they were incorrectly classified as overtime-exempt urged a California federal court to greenlight their $4.6 million Private Attorneys General Act settlement with a software company, saying none of the 598 class members have objected.

  • October 09, 2024

    World Economic Forum Founder Wants Out Of Worker's Suit

    The founder and chairman of the World Economic Forum told a New York federal court he had nothing to do with the firing of a Black employee, arguing that he should be left out of the worker's discrimination suit.

  • October 09, 2024

    Truckers' $700K Wage Settlement Gets Final Approval

    A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.

  • October 09, 2024

    Walmart Should Face Ex-Manager's OT Suit, Judge Says

    A Georgia federal judge recommended denying Walmart's bid to escape a former manager's lawsuit alleging she was incorrectly classified as overtime-exempt, saying Wednesday she put forward enough details to show she worked more than 40 hours a week on several occasions without extra pay.

  • October 09, 2024

    NJ Law Firm Gets Partial Win In Dispute With Ex-Employees

    The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.

  • October 09, 2024

    DOL Fines Farm Labor Contractor, Bars It From H-2A Program

    A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.

  • October 09, 2024

    Applebee's Franchisee Wants Tip, Wage Suit In Arbitration

    An Applebee's franchisee urged a Virginia federal court to push into arbitration two workers' proposed collective action alleging tip credit and minimum wage violations, arguing that the workers signed valid, binding arbitration agreements covering their claims.

  • October 08, 2024

    Staffing Co., Urgent Care Blast Late-Pay Suit As 'Nonsensical'

    A staffing company and an urgent care that provides services at New York City migrant facilities said a suit claiming they paid hourly workers late or not at all was "nonsensical," urging a New York federal court to toss the proposed class and collective action.

  • October 08, 2024

    Citrus Co. Can't Squeeze Out A Win In Wage Dispute

    A California federal judge refused to throw out a lawsuit from seasonal agricultural workers alleging a citrus company forced them to work off the clock, saying the company's argument that the case should be dismissed because its labor contractors weren't named is "patently meritless."

  • October 08, 2024

    Freelancers' Challenge To DOL's Contractor Rule Can't Stand

    Four freelance writers and editors failed to show how they are being hurt by the U.S. Department of Labor's final rule determining whether workers are independent contractors under federal law, a Georgia federal judge ruled, tossing their suit challenging the rule.

  • October 08, 2024

    3 Wage Cases To Watch As Justices Return To Bench

    The U.S. Supreme Court is set to hear arguments regarding the overtime exemption for outside sales employees, and the justices are also weighing petitions related to federal contract worker minimum wage and California’s worker classification law. As the justices return to the bench, here are wage and hour cases before them.

Expert Analysis

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.