Wage & Hour

  • May 22, 2024

    Calif. Court Rejects Arbitration Pact Stacked Against Workers

    The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

  • May 22, 2024

    Amazon Defeats Fired Executive's Equal Pay Suit

    A California federal judge threw out a former Amazon executive's suit alleging the online retail behemoth unlawfully fired her after complaining that a male counterpart earned more than her, ruling that revisions to her suit hadn't fixed the lack of detail previously called out by the court.

  • May 22, 2024

    Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told

    Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.

  • May 21, 2024

    Paramount Pictures Violated Wage Laws, Crew Member Says

    Paramount Pictures Corp. failed to pay crew members working on movie productions their total wages, denied them proper rest breaks and refused to reimburse them for out-of-pocket expenses, according to a proposed Private Attorneys General Act class action filed Monday in California state court.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit

    A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.

  • May 21, 2024

    DOL Says Challenge To New DOL Contractor Rule Can't Stand

    The U.S. Department of Labor said Tuesday its final rule sorting out whether workers are independent contractors or employees under federal law complies with the law, urging a Louisiana federal judge to toss five business groups' challenge to the rule.

  • May 21, 2024

    Some DOL Informers To Be Disclosed In Fishery Wage Case

    A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.

  • May 21, 2024

    NY HVAC Co. To Pay $15K For Demanding Wage Kickbacks

    A Long Island, New York, HVAC company will pay $15,000 in fines for threatening to fire workers if they did not kick back wage payments recovered in a U.S. Department of Labor probe, the agency announced.

  • May 21, 2024

    Dairy Queen Franchisee Seeks To Expedite DOL OT Rule Row

    A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

  • May 21, 2024

    NC Panel Cans Atty's 'Grossly Excessive' Fees In Wage Suit

    A North Carolina appeals court rejected a real estate agent's bid to be awarded nearly $500,000 in attorney fees after winning an unpaid wages lawsuit, reasoning Tuesday that state wage law doesn't require that fees be granted to a prevailing party.

  • May 21, 2024

    Calif. Mushroom Farms Pay $530K After DOL Probe

    Two mushroom farms in California paid nearly $530,000 for underpaying 62 workers and providing them with unsafe housing, the U.S. Department of Labor announced.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Georgia State Farm Office, Ex-Worker Settle Overtime Suit

    A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.

  • May 21, 2024

    Construction Groups Press To Halt DOL Prevailing Wage Rule

    The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.

  • May 21, 2024

    4th Circ. Ruling Is Rare Take On FLSA Coverage For Inmates

    A Fourth Circuit decision this month stands out for opening the door to classifying certain incarcerated workers as employees under the Fair Labor Standards Act, representing another shift in the legal discourse around people behind bars, attorneys say.

  • May 21, 2024

    Ex-Workers Drop Gender Bias Suit Against Ga. Medical Cos.

    Two female former human resources workers for a medical management company and a podiatrist center told a Georgia federal court they had agreed to drop their lawsuit accusing their ex-employers of discriminating against them based on gender, reclassifying them as hourly and firing them for complaining.

  • May 21, 2024

    3rd Circ. Revives American Airlines Pilots' Military Leave Suit

    The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.

  • May 21, 2024

    Las Vegas Restaurants Pay $161K For OT Violations

    Three Las Vegas restaurants paid nearly $161,000 in back wages, damages and fines for denying 33 workers their overtime pay, the U.S. Department of Labor announced.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    Zara Strikes $1.25M Deal To Settle Workers' Overtime Suit

    Fast-fashion retailer Zara agreed to a $1.25 million deal to settle accusations that it shortchanged about 500 employees by excluding commissions from overtime calculations, according to a letter filed with a New York federal judge requesting approval of the settlement.

  • May 20, 2024

    Food Co. Workers Tell High Court to Keep 4th Circ. OT Ruling

    Sales workers for an international food distributor urged the U.S. Supreme Court on Monday not to review a Fourth Circuit ruling holding that they did not qualify for overtime exemption, saying it would be a waste of the high court's time and resources to mull an inconsequential question.

Expert Analysis

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

    Author Photo

    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

    Author Photo

    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

    Author Photo

    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

    Author Photo

    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

    Author Photo

    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
    Author Photo

    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

    Author Photo

    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.