Wage & Hour

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 11, 2024

    Kroger Asks To Delay At Least Part Of FTC Challenge

    Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.

  • July 11, 2024

    Wash. Justices Revive Proposed Class Suit Over Nurse Wages

    The Washington Supreme Court on Thursday said a nurse's wage theft suit against a hospital can proceed even though his claims are the same as the ones lodged by his union in a tossed suit, finding it would be in the best interest of both efficiency and justice.

  • July 11, 2024

    Wash. Pay Transparency Suits Are Making Progress In Court

    Lawsuits filed by job seekers following the enactment of Washington state's unique pay transparency law are lurching forward, and experts say the suits' journeys to the plaintiff-friendly venue of state court and a $3.8 million class action settlement highlight some key takeaways from this type of litigation.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Campbell Soup Snack Truck Drivers Misclassified, Suit Says

    A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.

  • July 11, 2024

    Ex-Sushi Restaurant Driver Should Get $23K In OT Case

    A former delivery driver of a Manhattan sushi restaurant should receive about $23,000 in damages in his suit claiming unpaid wages, a New York federal judge recommended, significantly lowering what the worker had asked for.

  • July 11, 2024

    Iowa Mexican Restaurants Pay $49K After DOL Probe

    Two Mexican restaurants in Iowa paid nearly $49,000 in back wages and damages for denying 18 workers their overtime pay, the U.S. Department of Labor announced Thursday.

  • July 11, 2024

    IT Staffing Agency's Terms Exploit Workers, DOL Tells Court

    An information technology staffing agency engages in "modern-day indentured servitude" via contract provisions that tether employees to jobs, forcing them to pay up to $30,000 if they leave the company, and chill their complaints, the U.S. Department of Labor told a New York federal court.

  • July 11, 2024

    Wash. Justices Agree To Review State's Pot Co. Wage Suit

    The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

  • July 10, 2024

    Texas Court Severs Constable Workers From OT Collective

    A Texas federal court granted Harris County Sheriff's Department deputies' request to cut several employees from the constable's office from their proposed collective action accusing the department of shorting them on overtime pay, and rejected the county's argument that the case should largely be thrown out.

  • July 10, 2024

    DOL Can't Stop Discovery Disclosures In Fishery Wage Suit

    The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.

  • July 10, 2024

    9th Circ. Says Nev. Call Center Agents' Bootup Warrants Trial

    The Ninth Circuit on Wednesday revived, for a second time, call center agents' collective action alleging the time spent turning on and off their computers before their shifts is payable under the Fair Labor Standards Act, finding that to be a factual issue that should be resolved through a jury trial.

  • July 10, 2024

    Performer Hits Atlanta Drag Bar With Wages Class Action

    A performer at Lips Restaurant Atlanta LLC, a bar that provides drag show entertainment to diners and patrons, has filed a proposed class action against the restaurant, its owners and its general manager for allegedly failing to pay proper minimum and overtime wages.

  • July 10, 2024

    4 State AI Bills To Watch In 2nd Half Of 2024

    After Colorado recently moved to the forefront of regulating artificial intelligence in the workplace, numerous other states across the ideological spectrum — including conservative bastions like Oklahoma — are considering legislation of their own. Here, Law360 looks at four bills to regulate the use of AI in the workplace that bear watching in the second half of 2024. 

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    X Corp., Musk Dodge $500M Severance Suit

    X Corp. and Elon Musk can escape claims they owe former employees $500 million in severance following the business mogul's purchase of the social platform formerly known as Twitter, a California federal judge ruled, saying the facts don't show that federal benefits law governed the payments workers received.

  • July 10, 2024

    Va. Restaurant Pays $172K For Stiffing Workers On OT

    A restaurant in Virginia paid more than $172,000 in back wages and damages for denying 21 workers overtime rates, the U.S. Department of Labor announced Wednesday.

  • July 10, 2024

    Red State Resistance To DOL Child Labor Enforcement Grows

    Republican governors and state legislators are pushing back against the U.S. Department of Labor's attempts to rein in unlawful child labor, a federal effort those at the state level argue is hurting employers.

  • July 10, 2024

    New Orleans Home Care Co. Pays $110K For OT Violations

    A home care company in New Orleans paid $110,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced.

  • July 09, 2024

    7th Circ. Passes On Look At 2-Step Cert. Process, For Now

    A Seventh Circuit panel turned down pharmaceutical company Eli Lilly & Co.'s challenge to an Indiana federal court's decision to grant collective certification in an age discrimination suit, but said it would be open to looking at the two-step certification process in place to greenlight collectives.

  • July 09, 2024

    DOL, Pa. Mexican Restaurant Ink $1.3M Deal To End Tip Suit

    A Mexican restaurant in Pennsylvania will pay more than $1.3 million in back wages, damages and fines to end a U.S. Department of Labor suit alleging it kept portions of workers' tips and denied proper overtime rates, according to federal court papers filed Tuesday.

  • July 09, 2024

    Dallas Card Dealer Collective Certified In Tip Suit

    A Texas federal judge certified a collective of card dealers for a Dallas poker club who alleged they were paid below minimum wage because they were forced to share their tips with managers, finding Tuesday that their responsibilities were similar enough to support proceeding as a group.

  • July 09, 2024

    Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.