Wage & Hour

  • July 22, 2024

    OT Rule Case Is Key Test In Post-Chevron World

    A suit challenging the U.S. Department of Labor's authority to regulate salary thresholds for overtime exemptions serves as an important test case for how courts will assess the contours of agency rulemaking power because of the salary requirements' particular history, attorneys say. 

  • July 19, 2024

    Business Groups Want DOL OT Rule Tossed

    A slew of business groups urged a Texas federal court to halt on a nationwide basis the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, arguing they raise identical arguments the court already sided with.

  • July 19, 2024

    FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

    Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.

  • July 19, 2024

    9th Circ. Says Fueling Planes Is Arbitration-Exempt Work

    The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.

  • July 19, 2024

    Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

    Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

  • July 19, 2024

    NJ Says 3rd Circ. Ruling Backs State Temp Worker Law

    The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.

  • July 19, 2024

    $15M Kraft Heinz Wage Deal Nabs Initial OK

    A Wisconsin federal court granted preliminary approval to a $15 million deal resolving claims that Kraft Heinz Foods Co. failed to pay employees for all hours worked and include certain compensation when calculating overtime, finding the deal fair and reasonable.

  • July 19, 2024

    Calif. Forecast: $5M Nurses Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential final approval of a $5 million deal to end a class action against a nurse staffing agency. Here's a look at that case and other labor and employment matters coming up in California.

  • July 19, 2024

    Rising Star: Jackson Lewis' Douglas J. Klein

    Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 19, 2024

    Property Management Group Pays $304K For OT Violations

    A Florida property management group paid nearly $304,000 in back wages, damages and fines for denying 92 workers overtime pay, the U.S. Department of Labor announced.

  • July 19, 2024

    Coffee Chain Owes OT, Brewer Says

    Production workers for a coffee chain haven't been getting paid for the time it takes them to put on and take off protective equipment, cheating them out of overtime wages, a brewer claimed in a proposed collective and class action filed in Pennsylvania federal court.

  • July 19, 2024

    NY Forecast: NLRB Injunction Bid Against Starbucks Resumes

    A status conference is scheduled this week in the National Labor Relations Board's recently revived suit seeking an injunction barring Starbucks from violating federal labor law at stores across the country.

  • July 18, 2024

    Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling

    A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Famous Dave's Attys Can't Score Extra Fees In $1M Tip Deal

    Attorneys representing workers for Famous Dave's can't get additional fees from funds left over from a settlement resolving claims that the restaurant chain violated tip regulations, a Maryland federal judge ruled Thursday, saying the workers' counsel have already received enough money.

  • July 18, 2024

    FordHarrison Taps Wage-Hour Leader To Helm LA Shop

    FordHarrison LLP named the leader of its wage and hour practice to take over as managing partner in the firm's Los Angeles office, turning to an attorney who started at the firm over a decade ago as an associate.

  • July 18, 2024

    Dems Want DOL Child Labor Probe In Youth Work Programs

    Democratic members of the House Education and Workforce Committee called on the U.S. Department of Labor on Thursday to investigate potential risks of child labor violations in agency-approved youth work programs after recent infractions.

  • July 18, 2024

    Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told

    A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.

  • July 18, 2024

    TGI Friday's Server Inks $65K Deal In Minimum Wage Dispute

    A TGI Friday's franchise in Ohio agreed to pay $65,000 to end a worker's suit alleging it paid subminimum wages, according to court papers.

  • July 18, 2024

    Urgent Care Nurses Snag Collective Cert. In Wage Suit

    Nurses claiming an urgent care chain owes them wages can move forward as a collective in their suit, an Illinois federal judge ruled, saying the worker who lodged the suit showed she was similarly situated as her colleagues.

  • July 18, 2024

    Warner Bros. Hit With PAGA Suit By Background Actor

    Warner Bros. has not been paying background actors all their wages owed by failing to incorporate incentive payments into overtime calculations and requiring them to work through breaks unpaid, according to a Private Attorneys General Act suit filed in California state court.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 17, 2024

    Trimmed Geico Wage Suit Stays In Federal Court

    A wage and hour class action against Geico belongs in federal court, a California federal judge ruled Wednesday, saying the insurance company estimated the first claim alone is valued at over $5 million, but also cut all but two of the allegations from the lawsuit, citing vague, murky evidence.

  • July 17, 2024

    Aviation Co. Didn't Waive Arbitration In Wage Suit

    An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.

  • July 17, 2024

    Charter School, Worker Can't Get OK For OT, Retaliation Deal

    A Florida federal judge denied a deal to end a suit alleging a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, citing a lack of information regarding attorney fees and an overbroad release of claims, according to court papers filed Wednesday. 

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • 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.