Wage & Hour

  • December 20, 2024

    4th Circ. Turns Away Wage Suit Sanctions Fight

    The Fourth Circuit ruled Friday that a worker cannot undo sanctions imposed against him over allegations about a co-worker's death that he included in his overtime suit, saying a North Carolina district court's sanction order wasn't a final one.

  • December 20, 2024

    Acidizing Co. Reaches Deal To Resolve Unpaid OT Suit

    An acidizing services company reached a deal with workers who accused the company of unlawfully failing to pay them overtime wages and dropped an appeal to the Tenth Circuit over a collective certification order, a filing in New Mexico federal court said.

  • December 20, 2024

    Biggest Colorado Decisions Of 2024

    The Colorado Supreme Court shocked legal experts in 2024 when it walked back a landmark tenants rights ruling based on a technicality. In another case, three justices called for the elimination of peremptory challenges in order to address racial bias in jury selection. Here's a look at some of the biggest Colorado decisions of the year.

  • December 20, 2024

    TikTok Sales Reps Say OT Suit Deserves Collective Cert.

    Several TikTok sales representatives said they shared the same job duties and that the social media company applied the same unlawful policy of misclassifying them as overtime-exempt, urging a California federal court to grant them collective certification.

  • December 20, 2024

    Calif. Appeals Court Upends Arbitration Denial In OT Suit

    A California appeals court partially reversed a ruling that real estate company CoStar cannot arbitrate a proposed class action accusing it of failing to pay workers overtime, finding the arbitration agreement is only unenforceable as to claims brought under the state's Private Attorneys General Act.

  • December 20, 2024

    The 4 Biggest W&H Rulings Of 2024

    In 2024, key U.S. Department of Labor rules came under fire with mixed results and the transportation worker exemption to federal arbitration law was refined even more. Here, Law360 explores four of the most significant decisions of 2024.

  • December 20, 2024

    Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers

    This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.

  • December 19, 2024

    Top Gov't Contracts Cases Of 2024

    Courts and the U.S. Government Accountability Office have made several high-profile, consequential decisions for government contractors this year, addressing the constitutionality of the False Claims Act's whistleblower provisions and the limits of the president's authority over federal procurement.

  • December 19, 2024

    Ex-Walmart Manager's Pregnancy Bias Suit Can Continue

    A jury could be better suited to tackle whether Walmart discriminated and retaliated against a woman who claimed she was mistreated and fired after announcing she was pregnant and taking maternity leave, a Pennsylvania federal judge ruled.

  • December 19, 2024

    Amazon Gets 'Wide Berth' Of Discovery In Drivers' Wage Suit

    A Washington federal judge largely granted Amazon's discovery request in an 8-year-old lawsuit brought by delivery drivers accusing the company of misclassifying them as independent contractors, saying the data it seeks is reasonable for its forthcoming challenge to the workers' class certification bid.

  • December 19, 2024

    3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit

    The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."

  • December 19, 2024

    DOL Says Brewery Partial Owner Has Limited Access To Tips

    An individual with a partial ownership interest in a brewery and taproom who also works at the bar could keep tips only if directly provided by customers and if they are working alone at the bar, the U.S. Department of Labor said in an opinion letter.

  • December 19, 2024

    X Workers Say Entire Severance Suit Should Survive

    Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.

  • December 19, 2024

    Deal Falls Short In DOL Wage Suit Against Zoup Franchisee

    An Ohio federal judge refused to sign off on a $30,000 settlement in a U.S. Department of Labor Suit alleging a Zoup restaurant franchisee stiffed workers on overtime premiums, saying Thursday that there is not enough information to determine whether the deal is fair and reasonable. 

  • December 19, 2024

    Dinsmore Adds Labor And Employment Duo In Denver

    Dinsmore & Shohl LLP has hired two labor and employment attorneys in Denver from a firm one of those attorneys helped found, the firm announced Wednesday.

  • December 19, 2024

    Cos. Press Justices To Review Contractors Min. Wage Dispute

    Opposite opinions over the scope of the president's authority "cry out" for the U.S. Supreme Court intervention in a case challenging President Joe Biden's increase of the federal contractors' hourly minimum wage, two outdoor groups said, pointing to a Ninth Circuit's decision axing the wage hike.

  • December 19, 2024

    NYU Langone Wrongly Exempts IT Workers From OT, Suit Says

    New York University's academic medical center improperly classifies information technology workers as overtime-exempt despite their duties not falling under an exemption, causing them to lose out on extra wages, a proposed class and collective action filed in New York federal court said.

  • December 18, 2024

    Ex-Apple Workers Likely To Win Certification In OT Suit

    A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    Defunct Media Co. Staffers Nab Class Status In WARN Act Suit

    Workers at former digital media startup The Messenger who allege they were unlawfully terminated without advance notice can proceed as a group with their lawsuit, a New York federal judge ruled Wednesday, saying the company's arguments about the size of its workforce didn't hinder class certification.

  • December 18, 2024

    Food Co. Shaves Time Off Workers' Hours, Suit Says

    The company behind Chips Ahoy and Shredded Wheat failed to pay hourly workers for preshift meetings and shaved time off their time sheets, causing them to lose out on wages, according to a proposed class action filed in Michigan federal court.

  • December 18, 2024

    Nixon Peabody Employment Litigator Jumps To Rimon In LA

    Rimon PC is expanding its employment practice, announcing Wednesday it is bringing in a former Nixon Peabody LLP litigator as a partner in the firm's Los Angeles office.

  • December 18, 2024

    Minn. Restaurant Group To Pay $106K After DOL Probe

    A Minneapolis-based restaurant group will pay nearly $106,000 for stiffing workers on their full wages and tips and retaliating against one of them, the U.S. Department of Labor announced Wednesday.

  • December 18, 2024

    Call Center Worker Says Disability Nonprofit Skirts Wage Laws

    A disability services nonprofit failed to pay call center workers for time spent preparing for their shifts and miscalculates the rate at which they should be paid overtime, a worker alleged in a proposed class and collective action filed Wednesday in Virginia federal court.

  • December 18, 2024

    Class Counsel In NCAA-NIL Suits Seek $500M-Plus In Fees

    The attorneys who represent the athletes in two name, image and likeness class actions that were settled with the NCAA have requested more than half a billion dollars total in fees and costs, citing the "substantial risks and complex issues" involved.

Expert Analysis

  • 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.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

    Author Photo

    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

    Author Photo

    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.