Wage & Hour

  • January 10, 2025

    Texas High Court Flips Course To Hear Boeing Back Pay Suit

    The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.

  • January 10, 2025

    Chamber Backs Writers In 11th Circ. Contractor Dispute

    The U.S. Chamber of Commerce and other groups backed four freelance writers who are trying to persuade the Eleventh Circuit to toss the U.S. Department of Labor's independent contractor rule, saying that a Georgia federal court's decision keeping the rule in place will propel hazy rules.

  • January 10, 2025

    Home Care Co. Must Pay $15M In DOL OT Suit

    An Ohio federal judge granted the U.S. Department of Labor a win in its lawsuit accusing a third-party home care agency of failing to pay employees overtime and ordered the company to pay $15 million in unpaid wages and damages.

  • January 10, 2025

    Ex-Twitter Exec Can't Snag Docs In Bonus Suit

    A former senior director of compensation for X Corp., previously known as Twitter, won't be able to recover communications from Twitter management or financial records in his suit alleging unpaid bonuses after Elon Musk took over the company, a California federal magistrate judge ruled.

  • January 10, 2025

    Ye Inks $625K Deal To End Misclassification Suit

    Ye and his clothing company, Yeezy Apparel LLC, will pay $625,000 to resolve a class action accusing them of incorrectly classifying design workers as independent contractors and thus causing them to lose out on overtime wages, an order in California state court said.

  • January 10, 2025

    Outgoing DOL Head Talks Final Push, Biden's Worker Legacy

    With less than two weeks left overseeing the U.S. Department of Labor, Acting Labor Secretary Julie Su said she is proudest of fighting wage theft and her support for workers in collective bargaining, but regrets not having more time to fundamentally change the economy. Su spoke with Law360 about her tenure, her potential successor and her legacy.

  • January 10, 2025

    X Asks 9th Circ. To Back Dismissal Of $500M Severance Suit

    Social platform X urged the Ninth Circuit to uphold the dismissal of a suit claiming it owes workers $500 million in severance after Elon Musk bought the business and conducted mass layoffs, arguing the lower court correctly found that the ex-employees couldn't sue under federal benefits law.

  • January 10, 2025

    DOL Fends Off Challenge To Independent Contractor Rule

    The U.S. Department of Labor acted within its power when issuing a final rule for determining whether workers are employees or independent contractors, a New Mexico federal judge said, declining to apply the U.S. Supreme Court's Loper Bright decision in a trucking company's challenge to the rule.

  • January 10, 2025

    Calif. Forecast: 9th Circ. To Weigh Cal State 'Caste' Policy

    In the next week, attorneys should watch for Ninth Circuit oral arguments regarding whether a "caste" policy at the California State University system unlawfully targets Hindu employees and others. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • January 10, 2025

    Food Product Co. Strikes $703K Deal To End Wage Suit

    A food products manufacturing company will pay nearly $703,000 to resolve a 264-member collective action accusing it of failing to pay employees for preshift work, according to a filing in Illinois federal court.

  • January 09, 2025

    Control Of Reality TV Stars Muddles Employee Status Debate

    The suggestion that participants of the reality television series "Love Is Blind" may be employees under federal labor law raises unique questions about the role control plays in defining an employment relationship, adding a new dimension to the modern classification debate, attorneys say.

  • January 09, 2025

    Kroger Drops FTC Constitutionality Fight After Nixed Merger

    Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.

  • January 09, 2025

    DraftKings Says Fired Worker 'Has No Legal Path' Forward

    DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.

  • January 09, 2025

    Guards, ICE Detention Contractor Wage Deal Approved

    A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.

  • January 09, 2025

    Dillard's Stiffs Workers On Overtime, Sales Associate Says

    Department store chain Dillard's does not properly take into account all the time that hourly paid employees spend working and thus shorts them on minimum and overtime wages, a worker said in a proposed collective action filed in Florida federal court.

  • January 09, 2025

    Security Cos., Ex-Officer End Overtime And Break Suit

    Two security companies and a former security officer who alleged they failed to properly pay overtime and provide breaks told a California federal court that they agreed to toss the worker's suit.

  • January 09, 2025

    Fired Exec's Suit Paused As 4th Circ. Mulls Arbitration Denial

    A Virginia federal judge paused a former gas company executive's lawsuit alleging breach of contract and wrongful termination while the Fourth Circuit decides whether to hear the company's midsuit appeal.

  • January 09, 2025

    Musk Could Dodge Some Claims In X Severance Suit

    Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.

  • January 09, 2025

    Conn. House Bill Seeks Overtime Pay Income Tax Exemption

    Connecticut would exempt employees' earned overtime pay from income tax under a bill introduced in the state House of Representatives.

  • January 09, 2025

    Worker Fights Campbell's Push To Revoke Pay In Wage Suit

    A Campbell Soup worker urged a New York federal court to throw out the company's counterclaim asserting it can claw back commissions it paid him should he prevail on claims that he was incorrectly classified as an independent contractor, saying those commissions were his wages.

  • January 08, 2025

    5 Wage Bills That Could Advance In The New Congress

    Republican-backed wage and hour bills on issues including child labor, minimum wage and taxes on tips have a chance of surviving in the new Congress now that the party controls the House and Senate, attorneys said. Here, Law360 explores wage bills that could survive the new Congress.

  • January 08, 2025

    Traveling Nurses' Wage Suit Can Stay In Court

    Traveling nurses faced pressure to sign employment contractors with arbitration agreements that included vague cost-shifting provisions, a California federal judge ruled Wednesday, keeping in court claims that an operator of healthcare facilities and a staffing company asked them to accept lower wages or face termination.

  • January 08, 2025

    Calif. Ice Cos. Owe $1.1M For Overtime Violations, DOL Says

    Two California-based ice manufacturers under common ownership will pay nearly $1.1 million for stiffing 70 workers on overtime pay, the U.S. Department of Labor announced Wednesday.

  • January 08, 2025

    O'Reilly Auto Gets Final OK For $4.1M COVID Screening Deal

    A California federal judge has granted final approval to a $4.1 million settlement that resolves four related lawsuits from workers accusing O'Reilly Auto Enterprises of failing to compensate them for the time they spent undergoing COVID-19 screenings before shifts.

  • January 08, 2025

    ConEd Can't Trim Claims In Flaggers' Wage Suit

    A New York federal judge refused to throw out a breach of contract claim from ConEd workers accusing the utility company of failing to pay them prevailing wages, saying the workers did enough to support their allegation that the city made an agreement with them to provide such pay.

Expert Analysis

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.