Wage & Hour

  • July 08, 2024

    DOL Hits Economic Development Co. With Wage Suit

    A company specializing in technology, real estate, energy and healthcare denied workers their full wages and failed to pay some workers any wages, the U.S. Department of Labor alleged in a complaint filed in Kansas federal court Monday.

  • July 08, 2024

    HR Chief Says Conn. City Cut Pay Without Explanation

    Officials in the city of Derby, Connecticut, flouted the municipal human resources director's contractual and constitutional rights when they reduced her annual compensation in March without explanation, according to a lawsuit in federal court.

  • July 08, 2024

    Rig Worker Tells 4th Circ. Oil Co. Not Part Of Arbitration Pact

    An oil and gas exploration and production company cannot try to involve itself in an arbitration pact that doesn't extend to it, a rig worker told the Fourth Circuit, arguing that his misclassification suit should stay in court.

  • July 08, 2024

    EEOC Floats Plan To Reinstate Pay Data Collection

    The U.S. Equal Employment Opportunity Commission is working on reinstalling a shelved data collection initiative aimed at tackling pay inequity by surveying employers for salary details, according to the regulatory agenda of the administration of President Joe Biden.

  • July 08, 2024

    Biggest Wage Legislation Of 2024 So Far

    U.S. cities and states led the way on legislation addressing pay protections for workers in the first half of the year, while federal wage and hour legislation stalled in a divided Congress. Here, Law360 explores the biggest wage and hour legislation of 2024 so far.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Trucking Cos.' Suit Against Contractor Rule Put On Ice

    A Louisiana federal judge stayed five business groups' challenge to a U.S. Department of Labor final rule determining which workers are independent contractors or employees under federal law while the companies appeal the court's denial of a preliminary injunction to the Fifth Circuit.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    Farmworkers Union Wins Partial Block Of DOL Wage Rules

    A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.

  • July 05, 2024

    NY Forecast: Judge Weighs Dismissal Of Service Fee Tip Suit

    A New York federal judge on Monday will consider a Long Island restaurant's bid to dismiss a worker's lawsuit claiming the restaurant violated federal and state law by retaining a service charge instead of dividing it among servers as it told customers.

  • July 03, 2024

    Wage Ballot Proposal Withdrawals Show Deals Are Possible

    Eleventh-hour deals to keep proposed ballot measures in California and Massachusetts from going to voters show that some wage and hour issues are significant enough for companies and worker advocates to reach compromises, attorneys said. Here, Law360 explores those recent deals.

  • July 03, 2024

    Sandy Cleanup Workers Agree To End Prevailing Wage Suit

    Five workers told a New Jersey federal judge they agreed to put to rest their suit against a disaster recovery company and a waterfront building company claiming they should have been paid prevailing wages while clearing roadways and waterways in the aftermath of Hurricane Sandy.

  • July 03, 2024

    Wage Suit Can Be Arbitrated Under Justices' Ruling, Co. Says

     A medical product seller urged the Ninth Circuit on Wednesday to reverse a lower court's determination that a worker is exempt from the Federal Arbitration Act, saying the wage claims should still be sent to arbitration under a recent U.S. Supreme Court ruling clarifying which employees qualify for the exemption.

  • July 03, 2024

    Job Hopeful's Lack Of Injury Sinks Wash. Pay Disclosure Suit

    A Washington federal judge tossed a job hopeful's suit claiming healthcare companies shirked state pay transparency laws by failing to disclose salary information in job postings, finding that the applicant didn't show he was actually harmed by the missing compensation figures.

  • July 03, 2024

    Calif. Watchdog Notches $14.4M Deal In Microsoft Leave Fight

    Microsoft agreed to shell out $14.4 million to end a California Civil Rights Department's lawsuit claiming that it discriminated against employees who take protected employment leaves, the department announced Wednesday.

  • July 03, 2024

    Chevron's End Revives Tip Rule Challenge, 5th Circ. Told

    Restaurant groups suing to block a 2021 U.S. Department of Labor rule cracking down on when tipped workers can be paid subminimum wages filed a notice in the Fifth Circuit saying the court should follow the U.S. Supreme Court's recent decision stating courts can independently interpret agencies' rules.

  • July 03, 2024

    4 Mass. Rulings You Might Have Missed In June

    Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.

  • July 03, 2024

    Coffey Modica Promotes 2 Partners, 1 Counsel In NY

    New York litigation boutique Coffey Modica LLP announced the promotion of two attorneys to partner, including the firm's first hire in 2021, as well as the elevation of another lawyer to counsel.

  • July 03, 2024

    Constangy Hires Greenspoon Marder Partner In LA

    Constangy Brooks Smith & Prophete LLP has hired a former deputy attorney general for the California Department of Justice, who is joining from Greenspoon Marder LLP where she led that firm's employment litigation group, the firm announced Wednesday.

  • July 03, 2024

    Gov't Says Justices' Decision Doesn't Fully Solve OT Suit

    The recent U.S. Supreme Court decision pushing deadlines to challenge federal regulations doesn't entirely solve an overtime dispute between three home care companies and the U.S. Department of Labor, the government told the Third Circuit.

Expert Analysis

  • Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

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    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

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    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

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    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
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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

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    Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.