Wage & Hour

  • June 18, 2024

    Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal

    Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.

  • June 18, 2024

    7th Circ. Brings Back Cruise Worker's OT Suit

    The Seventh Circuit revived a proposed collective action Tuesday accusing a steamboat cruise company of depriving workers of overtime wages, finding Indiana arbitration law states that the pact the worker and company signed is governed by, and is invalid under, the Federal Arbitration Act.

  • June 18, 2024

    2nd Pa. Jury Can't Agree On Uber Black Drivers' Status

    A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.

  • June 18, 2024

    Ogletree Adds Quarles & Brady Litigator In San Diego

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.

  • June 18, 2024

    Bakery Wants To Stop Quick Appeal Of Arbitration Order

    A bakery urged a Connecticut federal judge to deny two food distributors' bid for a quick appeal of an order directing them to arbitrate their independent contractor misclassification claims, saying the request "falls woefully short" of the standards for an appeal.

  • June 18, 2024

    Liberty University Settles Time Sheet Suit

    Liberty University will pay $30,000 to end a proposed collective action alleging that its supervisors of intramural sports employees tampered with workers' time records to cap their schedules at 40 hours per week to avoid paying them overtime, according to court papers filed Tuesday.

  • June 18, 2024

    Mayer Brown Adds Litigation Vet As Employment Co-Chair

    Mayer Brown LLP said Tuesday it added an employment litigation veteran with nearly two decades of experience to co-lead the firm's employment litigation and counseling practice.

  • June 18, 2024

    High Court May Help Employers Claiming Overtime Exemption

    The U.S. Supreme Court's decision this week to review evidentiary standards in wage and hour cases is likely to result in a ruling amplifying the justices' 2018 precedent that statutory exemptions from overtime should be construed fairly, rather than narrowly

  • June 18, 2024

    NJ Steakhouse Pays $90K For Stiffing Workers On Wages

    A New Jersey steakhouse paid nearly $90,000 in back wages, damages and fines for denying 13 workers their overtime wages, the U.S. Department of Labor announced Tuesday.

  • June 18, 2024

    Workers Score Default Win In Trucking Co. Wage Suit

    A now-defunct trucking company must pay about $93,000 to end a suit alleging it didn't pay two workers minimum and overtime wages, a California federal judge ordered, after granting the workers' bid for default judgment last year.

  • June 18, 2024

    Va. City Can't Ax Atty's Wrongful Firing Suit Over FMLA Fraud

    A federal judge declined to toss an attorney's suit claiming the Virginia city he worked for illegally fired him and accused him of doctoring a medical form he needed to care for his sick mother, saying he showed the city may have stepped on his medical leave rights.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    Third Pa. Uber Trial Unlikely As Deadlock Again Looms

    With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.

  • June 17, 2024

    9th Circ. Tosses Cleaner's Appeal In Misclassification Row

    The Ninth Circuit ruled Monday that it lacks jurisdiction over a worker's challenge of a district court's decision refusing to reopen his suit claiming a janitorial franchising company misclassified workers as independent contractors.

  • June 17, 2024

    Shell, HF Sinclair Settle USW's Meme Poster Back Pay Dispute

    Shell Oil and HF Sinclair have settled a dispute over which company is responsible for back pay to a worker who was fired after posting a meme that was found not to be grounds for termination, following the United Steelworkers' bid for enforcement of an arbitration award.

  • June 17, 2024

    Amazon Seeks To Trim Reopened Contractor Wage Suit

    Amazon urged a Washington federal judge to toss claims in a long-running, recently reopened lawsuit alleging the company misclassified drivers as independent contractors, saying the workers still had not provided any concrete evidence to support their claims.

  • June 17, 2024

    Property Preservation Co. Settles 15 Misclassification Suits

    A property preservation company told a California federal court it reached a deal to settle 15 suits claiming it owes workers wages after misclassifying them as independent contractors.

  • June 17, 2024

    Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

    A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

  • June 17, 2024

    Federal Contractor Wage Bump Gears Up For Supreme Court

    Two outdoor groups urged the Tenth Circuit to press pause on its ruling that President Joe Biden could spike federal contractors' hourly minimum wage, saying they plan to ask for the U.S. Supreme Court's intervention.

  • June 17, 2024

    Delivery Co. Inks $2.9M Deal In Drivers' Misclassification Suit

    A class of package delivery drivers asked a Massachusetts federal judge to sign off on a $2.9 million settlement resolving a lawsuit accusing a delivery company of misclassifying the drivers as independent contractors and illegally docking their pay, saying the average class member will receive $12,000.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 17, 2024

    Supreme Court Won't Revisit Calif. Law Arbitration Issue

    The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.

  • June 17, 2024

    Justices Pass On Revisiting PAGA Arbitration Issue

    The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    NY Bill Taking Aim At Model Worker Abuse Awaits Gov.'s Pen

    The New York State Assembly greenlighted a bill now headed for the governor's desk that creates new worker protections for models that aim to rein in industry exploitation, legislation that would build a registry of modeling agencies and require them to act as fiduciaries for their workers.

Expert Analysis

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.