Wage & Hour

  • May 30, 2024

    Chauffeur Co. Agrees To Pay $2.5M In Wage Settlement

    A chauffeur company agreed to give $2.5 million to settle over 600 drivers' claims that it failed to pay them hourly or for overtime or maintain records as required by federal and state labor law, according to a bid to approve the deal filed in Arizona federal court.

  • May 30, 2024

    Atty Behind Supreme Court Wins Talks Arbitration Trends

    The U.S. Supreme Court has been seeing a lot of Daniel Geyser, a go-to appellate attorney who recently scored a win in the Smith v. Spizzirri employment case dealing with federal arbitration requirements, his second victory in such a case in just over two years. Law360 spoke with Geyser about his case successes and the road to those wins.

  • May 30, 2024

    Dental Co., Ex-Worker Agree To Arbitrate OT Spat

    A New York federal judge granted a former dental assistant's request to arbitrate her claims accusing a dental company of failing to pay hourly workers all their overtime wages owed or on a weekly basis as state law mandates for manual laborers.

  • May 30, 2024

    Gunster Bolsters Employment And Immigration Teams In Florida

    Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.

  • May 29, 2024

    ​​​​​​​Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit

    Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts. 

  • May 29, 2024

    Contractor Rule Combats Misclassification, Nonprofits Say

    The U.S. Department of Labor's updated independent contractor classification rule is necessary to combat misclassification that a previous version of the rule exacerbated, two nonprofits said in a brief opposing business groups' challenge to the rule.

  • May 29, 2024

    McDonald's Wants Out Of Workers' Lactation Suit

    Two workers claiming McDonald's didn't provide sanitary places for employees to pump breast milk failed to show that the fast-food chain was their direct employer, the company told an Illinois federal court, urging it to toss the proposed collective suit.

  • May 29, 2024

    5th Circ. Says Arbitrator To Decide OT Collective's Status

    The Fifth Circuit found a proposed collective action seeking unpaid overtime should be sent into arbitration, where an arbitrator can decide whether the case can proceed on a representative basis, because the arbitration agreement's language states that question is within the arbitrator's purview.

  • May 29, 2024

    9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit

    An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.

  • May 29, 2024

    May Roundup: 11 Wage Rulings on Class, Collective Actions

    The month of May brought plenty of rulings in cases with one or two workers trying to assert claims on behalf of others. Whether it's collective actions under the Fair Labor Standards Act or class actions under state law where the bar to clear is higher, here are 11 rulings on group wage and hour litigation to know from May.

  • May 29, 2024

    TGI Fridays Ducked Uniform Maintenance Pay, NY Servers Say

    TGI Fridays ducked New York regulations requiring employers to pay for the maintenance of workers' uniforms while also evading minimum wage laws for tipped workers, three servers said in a proposed collective and class action filed in federal court Tuesday.

  • May 29, 2024

    Flowers Foods Subsidiary Must Face Wage Claims

    A California federal judge cut two subsidiaries of Flowers Foods from a suit alleging workers were misclassified as independent contractors, but left a third on the hook for unpaid overtime wages and failure to reimburse claims after finding the worker was integral to the subsidiary's business.

  • May 29, 2024

    Fisher Phillips Adds Employment Pro In Dallas From GRSM50

    Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.

  • May 28, 2024

    Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit

    Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.

  • May 28, 2024

    Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal

    An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.

  • May 28, 2024

    A Worker Advocate On Desegregating The Workforce

    Rebecca Dixon, a leader in workers' rights, said that major policy reforms like revising the Fair Labor Standards Act are needed to overcome the occupational segregation that characterizes today's workforce. Here, Dixon speaks to Law360 about the effects of occupational segregation and what needs to be done to address it.

  • May 28, 2024

    Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims

    A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.

  • May 28, 2024

    Kroger, Albertsons Must Give FTC Texts, Written Notes

    Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.

  • May 28, 2024

    Amazon Driver Says Order Clearly Axed Misclassification Suit

    A now-retired federal judge clearly dismissed a suit claiming Amazon misclassified workers as independent contractors when she pushed it into arbitration, the Amazon flex driver suing the company told a New Jersey federal court.

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    Littler Brings On Ogletree Pay Equity Leader In NYC

    Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

  • May 28, 2024

    Calif. Ups Prosecutor Budgets By $8.6M To Fight Wage Theft

    More than a dozen public prosecutors in California will receive nearly $8.6 million from the state to set up wage theft enforcement programs, the California Department of Industrial Relations announced.

  • May 28, 2024

    Contractor Rule Doesn't Hurt Groups Challenging It, DOL Says

    The U.S. Department of Labor's final rule sorting out workers' independent contractor classification incorporates long-used standards, and therefore the U.S. Chamber of Commerce and other groups' arguments of harm aren't plausible, the department told a Texas federal court.

  • May 28, 2024

    Transit Co., Bus Drivers' Wage Deal OK'd

    An Ohio federal judge placed the final stamp of approval Tuesday on a $200,000 deal between a transportation company and the bus drivers accusing it of failing to pay them overtime wages.

  • May 24, 2024

    Workers' Atty Says 'Game Over' For Hospital On Wage Liability

    Counsel for a group of workers said Friday it was "game over" for a Seattle-area hospital system facing a class action suit for allegedly violating state law with its break policy, urging a judge to rule the system was liable because it acknowledged workers on long shifts didn't take a second mealtime.

Expert Analysis

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.