Wage & Hour

  • June 27, 2024

    Appeal Of Wash. Pay Range Suit Remand Gets Shut Down

    A Washington federal judge refused to certify an appeal to the Ninth Circuit concerning the lower court's decision to remand to state court a lawsuit alleging retailer Aaron's should have included pay ranges in job advertisements, saying that state court is the ideal venue to interpret state law.

  • June 26, 2024

    Workers Feeling PWFA's Impact After 1st Year In Effect

    The Pregnant Workers Fairness Act, which took effect one year ago Thursday, has brought about more pregnancy accommodations for workers without causing overwhelming compliance challenges for employers, attorneys on both sides of the bar say.

  • June 26, 2024

    Jury Says Colo. Gas Co. Owes Trader $3.3M For Texas Deals

    A Colorado state jury on Wednesday found that a gas marketing company breached an employment agreement and violated the Colorado Wage Claim Act when it failed to pay a trading director a $3.3 million bonus from natural gas trades made during a historic 2021 winter storm.

  • June 26, 2024

    Veteran Says Starbucks Fired Him Over Parental Leave

    Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.

  • June 26, 2024

    Texas Pizza Restaurant To Pay $30K For Tip, OT Violations

    A pizza restaurant in Texas will pay nearly $30,000 to end a U.S. Department of Labor suit alleging it operated an invalid tip pool and failed to pay proper overtime rates, according to court papers filed Wednesday.

  • June 26, 2024

    Nurses Say Mich. Hospitals Owe OT For Meal Break Work

    Two locations of a Michigan healthcare system unlawfully require employees to work through their meal breaks without pay in violation of federal wage law, according to two separate proposed collective actions filed in federal court.

  • June 26, 2024

    Project 2025 Author Talks Vision For A Future Trump DOL

    If former President Donald Trump wins reelection, the U.S. Department of Labor could return to wage and hour standards from his prior administration, and there could be a push for Congress to update what counts toward overtime, according to employment attorney Jonathan Berry’s Project 2025 policy recommendations. Berry spoke with Law360 about his recommendations.

  • June 26, 2024

    Paper Manufacturer, Ex-Worker's $500K Wage Deal Approved

    A California federal judge placed the final stamp of approval on a $500,000 deal ending claims that a paper company didn't pay a class of over 3,000 workers minimum wages or provide meal and rest breaks owed under state law.

  • June 26, 2024

    Mass. Dunkin' Managers Can Sue For OT As Collective

    A Massachusetts federal judge granted an unopposed request to certify a collective action brought by managers at 60-plus Dunkin' Donuts locations who claim they were required to work more than 40 hours a week without overtime pay.

  • June 26, 2024

    Whole Foods Resolves Time-Shaving Class Action

    Whole Foods has resolved a proposed class action alleging the grocer trimmed workers' paychecks if they came back slightly late from breaks.

  • June 25, 2024

    Public Pensions Have Personnel Authority, Calif. Panel Rules

    A county public employee retirement system has the authority to create employment classifications and set its employees' salaries, a California appellate court ruled Monday, reviving the Los Angeles County Employees Retirement Association's lawsuit seeking confirmation of its authority to make key personnel decisions.

  • June 25, 2024

    Gas Co. Says Trader Flouted Credit Cap For $37M Storm Trades

    A Colorado gas marketing company Tuesday urged a jury to find that an ex-trader ignored a credit policy when he helped make $37 million worth of natural gas trades during a historic 2021 winter storm, arguing that none of his testifying co-workers backed up his story.

  • June 25, 2024

    6th Circ. Won't Bless More Relief For Fired FCA Worker

    A former Fiat Chrysler Automobiles employee who scored a $148,000 arbitration award on claims that he was wrongly fired for taking approved time off can't get more damages or reinstatement to the exact position he once held, the Sixth Circuit ruled.

  • June 25, 2024

    9th Circ. Remands Wage Row After High Court Revival

    The Ninth Circuit on Tuesday remanded a wage and hour lawsuit against an on-demand delivery service to an Arizona district court after the U.S. Supreme Court in May overturned the appellate court's earlier conclusion that lawsuits can be dismissed while arbitration is occurring.

  • June 25, 2024

    Pa. Steelworkers Want Pay For Pre-, Post-Work Duties

    U.S. Steel workers at a steel mill outside Pittsburgh haven't been paid for the time they spend donning and doffing protective gear and walking between the locker room and workspaces, a utility technician claimed in a lawsuit filed in Pennsylvania state court.

  • June 25, 2024

    Fla. Charter School Settles OT, Retaliation Suit

    A Florida charter school will pay $12,500 to end a suit alleging it failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, according to court papers.

  • June 25, 2024

    Oracle Can Seek PAGA Arbitration, Calif. Panel Says

    A California appellate panel said Oracle could compel two workers' 7-year-old individual Private Attorneys General Act wage claims into arbitration, holding that the arbitration agreements couldn't have been enforced until after the U.S. Supreme Court issued the Viking ruling in 2022.

  • June 24, 2024

    UFC Fighters Swing Again To Get OK On $335M Wage Deal

    UFC fighters seeking preliminary approval for their $335 million deal to end class claims that the mixed martial arts organization suppressed their wages submitted a revised distribution plan Monday, after a Nevada federal judge said he wanted to see "life changing" money for fighters who waited through the decadelong litigation.

  • June 24, 2024

    Robust Pay Equity Clauses Grab Spotlight In $15M Snap Deal

    A $15 million settlement that Snapchat parent Snap Inc. struck with California's civil rights watchdog to resolve sex bias allegations includes cutting-edge provisions that could foreshadow future trends in pay equity laws, experts said.

  • June 24, 2024

    Judge Blocks Part Of DOL Construction Prevailing Wage Rule

    A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.

  • June 24, 2024

    Wage Law Doesn't Apply To $32M In PPE Sales, NJ Panel Says

    An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.

  • June 24, 2024

    Tax Preparers Win Recommendation For Class Cert. In OT Suit

    A group of tax preparers have met the requirements to form a class in a suit accusing their former employer of failing to pay overtime, a New York federal magistrate judge said, rejecting the employer's argument that their request for class status came too late.

  • June 24, 2024

    Refinery Wants Class Decertified In Standby Pay Suit

    A class of operator and maintenance workers alleging an oil refinery company failed to pay them for the time they spent waiting to be called into work should be decertified, the company told a California federal judge, saying they did not have a uniform policy. 

  • June 24, 2024

    Junior Leaguers Are Offsides On Antitrust Claims, NHL Says

    The NHL is looking to squash a putative antitrust class action from players in its developmental leagues alleging exploitation and abuse, telling a New York federal court that such disputes over pay and work conditions fall under the league's collective bargaining agreement and are shielded from antitrust scrutiny.

  • June 24, 2024

    IT Co. Settles Fired Worker's Anxiety Leave Retaliation Suit

    An information technology company has agreed to settle a former worker's suit claiming the company pushed him out of a job after he took medical leave to treat his anxiety that developed from working 16-hour days, according to a Florida federal court filing.

Expert Analysis

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • How New Illinois Child Influencer Law Affects Advertisers

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    Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Ensuring Child Labor Law Compliance Amid Growing Scrutiny

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    Amid increased attention on child labor law violations, employers should review their policies and practices with respect to the employment of minors, particularly underage migrants who do not have any parents in the U.S., say Felicia O'Connor and Morgan McDonald at Foley & Lardner.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Calif. Cos. May Have To Reimburse More Remote Work Costs

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    After a California appeals court's recent decision in Thai v. IBM, countless California employers will be required to pay work-related costs incurred by their employees who were sent home during the pandemic, and this could be just the beginning of a reckoning, say Sonya Goodwin at Sauer & Wagner.