Wage & Hour

  • 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.

  • June 24, 2024

    Justices Will Hear Reservist's Case Over Denied Top-Up Pay

    The U.S. Supreme Court on Monday said it will hear a federal employee's case over whether he was owed differential pay after being called to active duty in his role as a military reservist, but not directly into a contingency operation.

  • June 21, 2024

    DOL Says Union's Farm Wage Challenge Too Late

    The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.

Expert Analysis

  • Calif. PAGA Ruling Devalues Arbitration For Employers

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    The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • 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.