Wage & Hour

  • February 26, 2024

    Appellate Split Muddies Path For NY Pay Frequency Suits

    A fresh split between state appeals courts in New York on how to enforce a weekly pay requirement is making it hard for federal courts to know which precedent to follow, attorneys told Law360.

  • February 26, 2024

    Furniture Delivery Co. Misclassifies Drivers, Suit Says

    Delivery drivers who contract with a company to transport furniture for Ashley Furniture are misclassified as independent contractors and deprived of minimum and overtime wages despite the company having complete control over their jobs, an ex-worker claimed in a proposed class action in Florida federal court.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 23, 2024

    Amazon Pays $1.9M To Abused Workers In Saudi Arabia

    Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.

  • February 23, 2024

    Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up

    California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.

  • February 23, 2024

    7th Circ. Says Bonuses Needn't Be Disability-Accessible

    An Illinois fire department did not fail to accommodate a firefighter's disability by requiring him to attend college classes before giving him a raise, the Seventh Circuit ruled Friday, because raises are not something that workers are necessarily entitled to.

  • February 23, 2024

    Recruiter Claims Staffing Co. Cheated Workers Out Of OT

    A payroll and human resources company required its recruiters to obtain written pre-approval to work overtime and receive pay for it but never greenlighted any overtime, resulting in employees working off the clock without pay, according to a proposed collective action filed in California federal court Friday.

  • February 23, 2024

    Okla. Hospital's Pay Rounding Isn't Neutral, Worker Says

    A hospital operator underpays its staff by erasing instances of workers clocking in early and punishing incidents of tardiness, a worker alleged in a proposed class and collective action filed in Oklahoma federal court.

  • February 23, 2024

    4 Trends Executive Compensation Attorneys Are Watching

    A Delaware Chancery judge's rejection of Elon Musk's $55 billion Tesla pay package shows how a court historically viewed as corporate-friendly may be shifting, one of several trends executive compensation experts told Law360 they're seeing. Here are four issues executive pay lawyers should have on their radar.

  • February 23, 2024

    Staffing Co. To Pay $1.75M, Reclassify Workers In Calif. Deal

    An online shift-booking platform for hotel and restaurant workers will pay $1.75 million to end claims by San Francisco's city attorney and the state of California that it engaged in wage theft by misclassifying thousands of jobs in the hospitality industry, according to court papers. 

  • February 23, 2024

    Inspectors Say Safety Services Co. Owes Overtime Pay

    A safety services provider failed to pay inspectors overtime even if they regularly worked more than 40 hours per week, a former employee said in a proposed class and collective action in New Mexico federal court.

  • February 23, 2024

    Va. Home Care Co. Pays $900K After DOL Probe

    A home care company in Virginia paid nearly $900,000 in back wages and damages for denying workers their overtime pay, the U.S. Department of Labor announced. 

  • February 23, 2024

    Ex-Software Co. Worker Axed For Unpaid Wage Ask, Suit Says

    A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.

  • February 23, 2024

    Calif. Forecast: Court Weighs Bay Area Transit Vax Mandate

    In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 23, 2024

    Ex-Metals Co. Exec Says He Was Denied Promised Bonuses

    A former vice president for finance and administration at a Pennsylvania metals company told a state court that he was promised yearly performance-based bonuses of about $20,000, but was thwarted by the company's lack of goals and its claim that it wasn't performing well enough even as other employees got bonuses.

  • February 23, 2024

    Workers Snag Partial Win On Tip Notice Dispute With Denny's

    It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.

  • February 22, 2024

    Freelance Writers Seek To Block Independent Contractor Rule

    The U.S. Department of Labor's new rule regulating whether workers are independent contractors or employees under federal law muddies the classification waters and might put freelance journalists out of work, two freelancers said in a lawsuit in Tennessee federal court.

  • February 22, 2024

    Private Prison Guards Want OT For Security Screenings

    A private prison operator systematically stiffs correctional workers for time spent in mandatory preshift security screenings, a pair of workers alleged in a proposed class and collective action filed in Tennessee federal court.

  • February 22, 2024

    BNSF Says It Fired Conductor For Suspected Lies, Not Leave

    BNSF Railway Co. is urging a Washington federal court to dismiss claims that it fired a worker for using medical leave, arguing that the evidence shows the company honestly believed the worker misused leave as vacation days.

  • February 22, 2024

    Waldorf Astoria's Math Sends Wage Suit To Calif. State Court

    A proposed class action claiming a Los Angeles-area Waldorf Astoria hotel owes workers wages will head back to state court after a California federal judge found that the luxury hotel didn't show the amount in controversy is more than $5 million.

  • February 22, 2024

    Judge Irked By Arbitration Ask Years Into Au Pair Wage Case

    A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.

  • February 22, 2024

    Cleaning Co. Says It Has No Connection To Va. Wage Suit

    A janitorial services company asked a Virginia federal court to dismiss it from a wage action, arguing it is a mere holding company without personal connections either to Virginia or a cleaner who alleged she was misclassified as an independent contractor.

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    SC Construction Contractor Pays $37K After DOL Wage Probe

    A South Carolina construction contractor paid more than $37,000 in back wages after misclassifying 37 employees as independent contractors, the U.S. Department of Labor announced Thursday.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • 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.