Wage & Hour

  • May 30, 2024

    Morgan & Morgan Settles Ex-Paralegal's FMLA Suit

    Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.

  • May 30, 2024

    DOL Says Challenged Provision In DBA Rule Is Lawful

    The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.

  • 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.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Calif. Employers Note: Industrial Welfare Commission Is Back

    Author Photo

    An appropriations bill recently passed in California instructs the Industrial Welfare Commission to reconvene for the first time in 19 years, opening a door for the regulatory body to significantly affect employer operations by strengthening standards for meal and rest breaks, scheduling, record-keeping, and more, say Denisha McKenzie and John Keeney at CDF Labor Law.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

    Author Photo

    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

    Author Photo

    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Employer Tips For Fighting Back Against Explosive Verdicts

    Author Photo

    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.