Wage & Hour

  • August 30, 2024

    Ex-Employee Sues Ga. Chiropractic Co. Over OT Pay, Firing

    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.

  • August 30, 2024

    Calif. Forecast: $5M Walmart COVID Deal Up For Approval

    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.

  • August 30, 2024

    State & City Roundup: Wage And Hour News To Watch

    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.

  • August 30, 2024

    7th Circ. Will Look At 2-Step Cert. In Eli Lilly Age Bias Suit

    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.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    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."

  • August 30, 2024

    3 Tips For Navigating Tip Credit Rule's Demise

    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.

  • August 30, 2024

    Campbell Cheats Distributors Out Of Benefits, Suit Says

    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.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    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."

  • August 29, 2024

    Airline Ducks Liquidated Damages In Military Leave Suit

    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.

  • August 29, 2024

    Ga. School District Settles Wage Docking Suit With Bus Driver

    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.

  • August 29, 2024

    5th Circ. Rules That Welding Inspector Isn't An Employee

    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.

  • August 29, 2024

    9th Circ. Won't Rethink Arbitration Denial In Fuel Pumper Suit

    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.

  • August 29, 2024

    FTC Wants Kroger's Constitution Suit To Follow Merger Case

    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.

  • August 29, 2024

    Pa. Residential Homes Operator Pays $327K After DOL Probe

    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.

  • August 29, 2024

    9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row

    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.

  • August 29, 2024

    DOL Looks To Defeat Marketer's OT Salary Rule Challenge

    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.

  • August 28, 2024

    Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In

    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.

  • August 28, 2024

    Nurse Staffing Firm Gets Final OK On $5M Wage Settlement

    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.

  • August 28, 2024

    4 Tips For Complying With NY Freelancer Law

    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.

  • August 28, 2024

    Conn. Investment Firm Withheld Pay, Commissions, Suit Says

    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.  

  • August 28, 2024

    Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit

    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.

  • August 28, 2024

    Kaufman Dolowich Hires Longtime Employment Atty In LA

    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.

  • August 28, 2024

    Texas Restaurants Pay $198K For Tip, Wage Violations

    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.

  • August 28, 2024

    Worker Lowers Fee Request In 3rd Bid For OT Deal Approval

    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.

  • August 27, 2024

    Taco Bell Franchisee Will Pay $2M To End Job-Posting Suits

    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.

Expert Analysis

  • What Employers Should Do To Prepare For Natural Disasters

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    As hurricane season picks up steam and extreme weather events become more erratic and uncertain in every region of the U.S., employers must put emergency action plans in place that address everything from compensation issues to leave requests, says Sally Culley at Rumberger Kirk.

  • Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

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    A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

  • Gig Companies May Have To Live With The ABC Test In Calif.

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    Two recent cert denials by the U.S. Supreme Court has left California's ABC test for employment classification intact, and if gig companies' recent efforts to exempt certain workers from the test fail, they may be less eager to pursue similar challenges in California and beyond, says Ronald Zambrano at West Coast Employment Lawyers.

  • Cos. Face FMLA Quagmire Given New Mental Health Focus

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    The Seventh Circuit’s recent decision in Ziccarelli v. Dart, clarifying that merely discouraging an employee from exercising Family and Medical Leave Act rights may constitute unlawful interference, paired with new U.S. Department of Labor's mental health guidance, present unique challenges for employers, say Matthew Tyrrell and Adam Maxwell at Schoenberg Finkel.

  • How New Seattle Wage Law Will Affect Gig Economy Cos.

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    As state and local legislatures around the country consider additional labor protections for app-based workers, Seattle's new minimum wage for delivery drivers offers an example of how record-keeping and compliance requirements are changing for gig economy businesses, say Catharine Morisset and Lisa Nagele-Piazza at Fisher Phillips.

  • Beware The Risks In Laying Off Out-Of-State Remote Workers

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    Employers could run into unique legal risks when laying off remote, out-of-state employees if they're not familiar with varying state employment laws, but they can minimize the chances of potential penalties by reviewing payroll practices, applicable final paycheck laws and more, says Paul Cirner at Ogletree.

  • Why Justices' PAGA Ruling May Not Be Real Win For Cos.

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    Following the U.S. Supreme Court's Viking River decision last month, companies may temporarily cheer their reduced California Private Attorneys General Act exposure from court cases, but they may come to regret their enthusiasm as plaintiffs firms can pursue arbitration on a mass scale, says Aaron Blumenthal at Gibbs Law Group.

  • Justices Prolong Calif. Trucking Industry's Employment Woes

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    The U.S. Supreme Court's recent refusal to hear a trucking industry challenge to A.B. 5 — a California law that makes many truck drivers employees instead of independent contractors — only extends the struggle for a balanced approach to this issue that avoids paternalism and supports small businesses, says Gregory Feary at Scopelitis Garvin.

  • How Calif. Small Biz Can Navigate Evolving Employment Laws

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    Developments like the U.S. Supreme Court's recent arbitration decision in Viking River v. Moriana, among others, mean California small businesses should look out for five common employment-related errors and explore what they can do to reduce risk in an ever-changing landscape, say Corinne Spencer and Brianna Pearlman at Pearlman Brown.

  • Employer Duties As Pandemic And Caregiver Law Evolve

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    Recent San Francisco employment law changes recognize how the pandemic has altered many employees' caregiving responsibilities outside of work, so California employers should review their obligations — and consider providing flexible work arrangements even where not required, says Katie Collins at Weintraub Tobin.

  • New Fla. Law Is Good For Both Gig Workers And Employers

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    A recently effective Florida law, shielding companies that aid gig workers from misclassification claims, helps protect both independent contractors and their employers during times of emergency, and could be a road map for other states looking to extend similar protections, says Brett Owens at Fisher Phillips.

  • Tracking Class Certification Changes, 1 Year After TransUnion

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    In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

  • Determining Which State Governs A Remote Work Agreement

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    The First Circuit's recent finding in Viscito v. National Planning that the Massachusetts Wage Act did not apply to a remote worker who mostly lived in Florida offers guidance for employers trying to determine what law applies to their out-of-state employees, says Stephen Melnick at Littler.