Wage & Hour

  • July 16, 2024

    Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

    The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.

  • July 16, 2024

    Va. Transportation Co. Pays $170K For OT Violations

    A transportation company in Virginia paid more than $170,000 in back wages for denying 60 workers overtime pay, the U.S. Department of Labor announced Tuesday.

  • July 16, 2024

    Chicken Farm Wants Misclassification Suit Tossed

    Growers claiming that a chicken farm misclassified them as independent contractors wouldn't be entitled to overtime even if they were employees, the farm told a South Carolina federal court, saying they fall under a federal agricultural exemption.

  • July 16, 2024

    NYPD Says Dog Handlers' Suit Fails Again

    The New York City Police Department urged a federal court to throw out a suit brought by 10 dog handlers accusing the department of failing to pay them overtime for time they spent caring for their dogs outside of work, calling their amended complaint too vague.

  • July 16, 2024

    Iowa Tire Shop Pays $34K For Miscalculating OT

    A tire shop in Iowa paid nearly $34,000 in back wages and damages for miscalculating the overtime rates of 11 workers, the U.S. Department of Labor announced.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    NYC To Pay $6.2M To End Rikers Officers' OT Suit

    New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

  • July 16, 2024

    Paid Breaks For Heat Safety May Spark Overtime Requirement

    Paid time for heat breaks that employers must provide under a proposed federal worker safety standard may count toward the 40-hour threshold at which a worker is entitled to overtime, attorneys told Law360.

  • July 15, 2024

    Judge Says Attys Must Hash Out Conflict In Twitter Row

    A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.

  • July 15, 2024

    EMS Workers Want Early Win In OT Gap Dispute

    A class and collective of emergency medical services workers asked a North Carolina federal court for summary judgment in their overtime suit against a county, arguing basic math proves employees were underpaid in violation of an ordinance.

  • July 15, 2024

    JPMorgan Chase Workers Had To Eat At Desks, Suit Says

    Chase Bank encouraged workers to perform off-the-clock work but failed to pay them accordingly, while also giving them so much work that they were forced to take their meals at their desks, a former employee said in a suit in California state court.

  • July 15, 2024

    HVAC Co. To Pay Workers $850K to End Wage Class Deal

    An HVAC company has agreed to pay $850,000 to settle an ex-technician's proposed class action alleging meal break and wage violations, according to a bid for preliminary approval filed in Washington state court.

  • July 15, 2024

    Denver Can't Enforce State Wage And Hour Law, Cos. Say

    A worker-finding platform and a staffing company said the City of Denver and its auditor office don't have the authority to investigate wage and hour violations, telling a Colorado federal court that their overreach could lead to hefty penalties.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    Seyfarth Adds 5-Atty Labor Team From Hunton In Calif., Texas

    Seyfarth Shaw LLP announced Monday that it has brought on a five-member team of labor and employment lawyers who previously practiced with Hunton Andrews Kurth LLP.

  • July 15, 2024

    Mich. School Staffing Co., Ex-Worker Settle OT Suit

    A Michigan school staffing firm has agreed to pay employees double their overtime rate to settle a lawsuit alleging the company denied workers overtime wages, according to a filing Monday, resolving a proposed collective and class action lawsuit that an ex-security guard and support worker filed earlier this year.

  • July 15, 2024

    Renewable Energy Co. Owes $239K For OT Violations

    A renewable energy company in Puerto Rico owes nearly $239,000 for denying more than 1,000 solar panel and system installers their full overtime pay, the U.S. Department of Labor announced Monday.

  • July 15, 2024

    Amazon Tells Wash. Court It Rightfully Filed Arbitration Bids

    Amazon properly moved to arbitrate in districts where drivers accusing the e-commerce giant of misclassifying them as independent contractors agreed to arbitrate their claims, the company told a Washington federal judge, urging the court to deny the workers' request for an injunction.

  • July 15, 2024

    Customer Support Co., DOL Ink $3M Deal In Wage Suit

    A customer support services company agreed to pay out $3 million to end a U.S. Department of Labor suit in Florida federal court claiming it misclassified thousands of workers as independent contractors.

  • July 15, 2024

    Wis. Senior Care Co., DOL Reach $30K Deal To End Wage Suit

    A senior living center in Wisconsin will pay $30,000 to end a U.S. Department of Labor suit alleging it denied workers their full wages, according to court documents.

  • July 15, 2024

    7 Wage-Hour Cases To Watch In 2024

    Several legal fights that will dominate the rest of 2024 are variations on the debate around who has the power to make and change laws and who is considered an employee, with the cases challenging the breadth of the U.S. Department of Labor's rulemaking authority in the spotlight. Here, Law360 looks at seven cases to watch in the year's latter half.

  • July 15, 2024

    Wage Cases To Follow As Justices Rein In Agencies

    A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.