Wage & Hour

  • June 12, 2024

    NM Pot Store Chain Unlawfully Keeps Tips, Budtenders Say

    A cannabis retail chain in New Mexico is accused of unlawfully taking tips from its budtenders under the premise that the money would be donated to a charity, according to a proposed class action filed Wednesday in federal court.

  • June 12, 2024

    NY Court Strikes Housing Tax Break's Labor Dispute Process

    A New York state court has undercut a provision in a since-expired affordable housing tax break that enabled a city watchdog to issue judgments against developers who underpaid construction workers, deeming the provision unconstitutional because decisions could not be appealed.

  • June 12, 2024

    Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 12, 2024

    Texas Firm Accused Of Misclassifying Paralegal As Contractor

    A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.

  • June 12, 2024

    Magistrate Endorses Axing OT Suit But Allowing 2nd Chance

    A federal magistrate judge advised tossing an unpaid overtime lawsuit against a California cold storage company that specializes in packing agricultural goods, but said the worker should have an opportunity to flesh out their claims.

  • June 12, 2024

    DOL Hits IHOP Franchises With FLSA Suit

    The owner of IHOP franchises in Illinois owes more than $568,000 in back wages, damages and fines for denying workers their full tips and wages, the U.S. Department of Labor said in a complaint.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Home Depot Again Notches Win In OT Suit

    A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.

  • June 11, 2024

    Attys Must Justify Bid For Extra Fees From Tip Deal Leftovers

    The attorneys representing workers accusing restaurant chain Famous Dave's of violating tip regulations will need to justify why they are trying to get a portion of unclaimed funds in an almost $1 million deal, a Maryland federal judge ruled.

  • June 11, 2024

    NC Truck Drivers Get $242K Atty Fee In Wage Suit Deal

    A North Carolina federal judge has awarded a class of truck drivers for a shredding company just under $242,000 in attorney fees on top of a $725,000 settlement to resolve claims the company deducted pay for meal breaks they did not take.

  • June 11, 2024

    Labcorp Workers' $2.4M Wage Deal Wins Court Approval

    A California federal judge placed the final stamp of approval on a $2.4 million deal ending class claims that Labcorp failed to pay overtime wages for the time carriers spent driving to and from locations and violated state meal and break laws.

  • June 11, 2024

    Lacrosse Coach Loses Bias Suit After Getting Cozen Booted

    A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.

  • June 11, 2024

    Childcare Custodian's Weekly Wage Suit Can Continue

    A childcare center custodian can continue with his claim that the center operators failed to pay him weekly wages as state law requires for workers who perform manual labor, a New York federal judge ruled, but cut his claim that the center didn't provide proper wage notices.

  • June 11, 2024

    Fla. Judge OKs Strip Club And Dancers' $165K Wage Deal

    A South Florida strip club operator will pay $165,000 to dancers who claimed they were misclassified as independent contractors and denied minimum wages, under a settlement agreement approved by a federal judge.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 11, 2024

    NM Restaurants Pay $254K For Tip, Wage Violations

    Two restaurant franchise locations in New Mexico paid more than $254,000 in back wages, damages and fines for keeping a portion of workers' tips and denying them minimum and overtime wage rates, the U.S. Department of Labor announced.

  • June 11, 2024

    Parts Of Tesla Wage Suit To Lead To Arbitration, Judge Rules

    Twelve current and former Tesla employees will need to bring claims that they worked through meal and rest breaks to an arbitrator, a California federal judge ruled, rejecting arguments that their signatures on arbitration pacts were forged.

  • June 11, 2024

    Ex-Papa John's Driver's Race Harassment, Pay Suit Proceeds

    A Black former pizza delivery driver for a Papa John's franchise can pursue his claims that he faced a hostile work environment and was underreimbursed for mileage, an Alabama federal judge ruled, but the judge limited the methods the worker can use to prove his allegations.

  • June 10, 2024

    Introducing Law360's Pay Disclosure Law Tracker

    A movement to tackle discriminatory pay gaps has swept the U.S. in recent years as nearly half of states have enacted bans on salary history requests while almost a dozen have issued laws that require employers to share what they're willing to pay for a position. Law360 has created an interactive, nationwide map tracking these salary history bans and pay transparency requirements.

  • June 10, 2024

    Uber Black Drivers Aren't Like Plumbers, Philly Jury Told

    Uber Black drivers on Monday tried for a second time to convince a Pennsylvania federal jury that the ride-sharing company owes them the same perks as employees, saying they're nothing like plumbers, the quintessential independent contractors.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

  • June 10, 2024

    Full 9th Circ. Rules AB5 And Its Exemptions Are Lawful

    The California Legislature had a plausible reason for creating certain carveouts from a state law governing whether workers are employees or independent contractors, the full Ninth Circuit ruled Monday, departing from a panel's decision that Assembly Bill 5 disfavors companies such as Uber.

Expert Analysis

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.