With the Fifth Circuit striking down a federal rule on tipped wages, restaurants may be ready to rejoice, but attorneys say employers still need to check whether their state and local laws impose strict obligations and should retrain staff on servers' duties. Here, Law30 looks at three recommendations from industry attorneys as restaurants face new terrain when it comes to workers and tips.
The Ninth Circuit refused Thursday to grant two aviation companies' request for a full-court rehearing in their challenge to an order that declined to send an airplane fuel pumper's lawsuit over unpaid wages to arbitration, leaving in place its July ruling that the case must be litigated in court.
As New York's Freelance Isn't Free Act takes effect, employers in the Empire State should think broadly about who is a freelance worker and prepare for stiff penalties if disputes arise, attorneys said. Here, Law360 offers tips for complying with the new law.
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With the Fifth Circuit striking down a federal rule on tipped wages, restaurants may be ready to rejoice, but attorneys say employers still need to check whether their state and local laws impose strict obligations and should retrain staff on servers' duties. Here, Law30 looks at three recommendations from industry attorneys as restaurants face new terrain when it comes to workers and tips.
The Ninth Circuit refused Thursday to grant two aviation companies' request for a full-court rehearing in their challenge to an order that declined to send an airplane fuel pumper's lawsuit over unpaid wages to arbitration, leaving in place its July ruling that the case must be litigated in court.
As New York's Freelance Isn't Free Act takes effect, employers in the Empire State should think broadly about who is a freelance worker and prepare for stiff penalties if disputes arise, attorneys said. Here, Law360 offers tips for complying with the new law.
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August 31, 2024
Outgoing U.S. Equal Employment Opportunity Commission member Keith Sonderling told Law360 in an exclusive interview that elevating the agency's visibility on the artificial intelligence front and reviving the U.S. Department of Labor's use of opinion letters rank among his top accomplishments during his nearly decadelong stint in federal government.
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August 30, 2024
The Third Circuit said Friday it doesn't have jurisdiction over a pipeline company's challenge to a discovery order limited to the issue of the arbitrability of two pipeline inspectors' wage claims, ruling that the challenged order isn't appealable under the Federal Arbitration Act.
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August 30, 2024
This week a New York federal judge will consider attempts from the operators of Four Seasons Hotel New York to toss a class action that claims the hotel violated state and federal law by furloughing them without notice.
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August 30, 2024
A former Dominguez Chiropractic employee hit the Atlanta-area chain with a Fair Labor Standards Act complaint Friday, alleging that it knowingly failed to pay her for overtime and unlawfully retaliated when she complained.
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August 30, 2024
In the coming week, attorneys should keep an eye out for the potential final approval of a $5.2 million deal in a wage and hour class action against Walmart alleging the retail giant failed to pay for time workers spent in COVID-19 health screenings. Here's a look at that case and other labor and employment matters coming up in California.
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August 30, 2024
This fall Alabama is set to increase penalties for child labor violations, and Maryland will expand its pay transparency requirements. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.
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August 30, 2024
The Seventh Circuit said it would take up a midsuit appeal from Eli Lilly challenging a lower court's ruling granting collective certification to a sales representative in her age discrimination lawsuit, backpedaling from an order in July that declined to take up the dispute because of its incomplete record.
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August 30, 2024
A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."
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August 30, 2024
Campbell Soup Co. incorrectly classified distributors as independent contractors, causing them to lose out on certain employee benefits such as overtime wages, while stripping them of their promised authority, a proposed class action filed in New York federal court said.
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August 29, 2024
The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."
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August 29, 2024
A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.
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August 29, 2024
A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.
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August 29, 2024
The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.
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August 29, 2024
The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.
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August 29, 2024
An operator of residential homes in Pennsylvania paid nearly $327,000 in back wages and damages for stiffing 504 workers on their full overtime wages, the U.S. Department of Labor announced Thursday.
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August 29, 2024
The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.
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August 29, 2024
The U.S. Department of Labor has the authority to consider factors aside from job duties when determining which workers should earn overtime, the department argued as it urged a Texas federal court to end a marketing firm's suit alleging the agency overstepped by raising the salary thresholds for considering employees overtime-exempt.
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August 28, 2024
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
A California federal judge has given the final sign-off to a $5 million deal ending claims that a nurse staffing firm failed to pay workers for the time they spent undergoing COVID-19 screenings and putting on and taking off personal protective equipment, according to court papers.
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August 28, 2024
Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.
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August 28, 2024
A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.
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August 28, 2024
Kaufman Dolowich has hired a labor and employment attorney as a partner in its Los Angeles office who has been practicing with a firm he helped launch in 2009 for over 14 years, his new firm announced Wednesday.
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August 28, 2024
Two restaurants in the Dallas area paid nearly $198,000 for denying workers their full tips and wages, the U.S. Department of Labor announced Wednesday.
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August 28, 2024
A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.
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August 27, 2024
A Taco Bell franchisee, Sharp Electronics and DoorDash are among the latest employers to reach class deals in Washington state court to end job seekers' allegations they failed to include salary or wage ranges in job postings, in violation of Evergreen State pay transparency laws.