Wage & Hour

  • January 15, 2025

    In-N-Out Hit With Don-Doff Pay Suit By Former Workers

    A group of former In-N-Out employees slapped the fast-food chain with a lawsuit in California state court accusing it of requiring them to remain on-call during breaks, and failing to reimburse them for time spent off-the-clock changing into and out of their uniforms before and after their shifts.

  • January 15, 2025

    NY Addiction Center Owes $5K In Overtime Wage Suit

    The operators of an addiction and treatment facility in New York will pay $5,000 to end a suit alleging they stiffed workers on overtime premiums, according to a federal court filing.

  • January 15, 2025

    Perdue, Staffing Co. Ink Deals In DOL Child Labor Probe

    Perdue Farms Inc. and a staffing company will pay more than $4.2 million for allowing minors to work dangerous jobs at a meat processing facility in Virginia at times the law forbids, the U.S. Department of Labor announced Wednesday.

  • January 15, 2025

    Maine Chamber, Shipyard Challenge State Paid Leave Rule

    The Maine State Chamber of Commerce and U.S. shipyard Bath Iron Works told a state court that certain provisions of the rule for the state medical leave program are illegal, arguing that employers will shell out conspicuous amounts into a fund they won't use.

  • January 15, 2025

    Detroit Tigers Miscalculate Overtime Rates, Worker Says

    The Detroit Tigers failed to account for shift premiums and bonuses when calculating employees' regular hourly rates, causing them to lose out on overtime wages, a proposed collective action filed in Michigan federal court said.

  • January 15, 2025

    Managers Can't Get Tips For Occasional Shifts, DOL Says

    Employees who meet managerial requirements under the Fair Labor Standards Act and occasionally work shifts performing nonmanagerial duties can't participate in tip pools, the U.S. Department of Labor said.

  • January 15, 2025

    High Court Says FLSA Doesn't Get Higher Evidence Standards

    The Fair Labor Standards Act's exemptions do not call for heightened evidence standards, the U.S. Supreme Court ruled Wednesday in a case that highlighted the make-or-break importance of burdens of proof.

  • January 15, 2025

    Trump Chooses Former DOL Official As Its Deputy Secretary

    President-elect Donald Trump said late Tuesday he plans to nominate former EEOC Commissioner and Department of Labor official Keith Sonderling for deputy labor secretary, the second-in-command at the DOL.

  • January 14, 2025

    NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late

    The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.

  • January 14, 2025

    John Deere Retailer Shirked OT Pay To Sales Staff, Suit Says

    Ag-Pro, the self-described largest retailer of John Deere equipment in North America, was hit with a proposed collective action Monday by a sales employee who alleged the company willfully violated federal law by denying overtime pay to its salespeople.

  • January 14, 2025

    DOL Backs Uber Drivers' Bid To Revive Employment Case

    The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.

  • January 14, 2025

    Amazon Delivery Partner Settles Drivers' Wage Suit

    Drivers for a last-mile delivery service provider for Amazon who accuse the company of unpaid wages and meal and rest break violations have reached a deal to end the proposed collective action, the parties told an Ohio federal court.

  • January 14, 2025

    Loper Bright May Be Mixed Bag For DOL Rulemaking

    The fall of Chevron deference has been heralded as the end of agency power, but the ramifications are nuanced as agencies will likely issue more thoughtful regulations and the history of the Fair Labor Standards Act may give the U.S. Department of Labor a hand up, attorneys say.

  • January 14, 2025

    4 States Oppose Full 9th Circ. Review Of Contractor Wage

    Four red states told the full Ninth Circuit that the U.S. Department of Labor is trying to push the government's power beyond its limits after a panel ruled the president couldn't raise federal contractors' minimum wage, urging the appeals court not to weigh in.

  • January 14, 2025

    Police Commissioners Must Face Bulk Of Officers' OT Suit

    A Pennsylvania federal judge refused to throw out the majority of a proposed class action from ranking officers accusing the Philadelphia Police Department of failing to alert them of their overtime eligibility, but determined that municipal policies providing for certain overtime pay do not constitute a contract.

  • January 14, 2025

    Subway Franchise, DOL Ink $68K Deal To End Wage Suit

    A Subway franchise in Massachusetts will pay more than $68,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it stiffed workers on overtime and minimum wages, according to a federal court filing.

  • January 14, 2025

    Curaleaf's Ex-CEO Wants Out Of Ex-VP's Pay, Sex Bias Suit

    The former CEO of Curaleaf Holdings Inc. is urging a Massachusetts federal court to toss a former senior vice president's claims against him in a suit alleging the company discriminated against her for her gender and race, saying the state's courts don't have jurisdiction over him.

  • January 14, 2025

    Wage Violations Get NC Farmers Kicked Out Of H-2A Program

    A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.

  • January 14, 2025

    Assisted Living Co., Ex-Worker End Race-Based Pay Bias Suit

    An assisted living facility and a former employee have agreed to close her suit claiming she was paid less than colleagues and belittled by her supervisor because she is Indian American, according to a New York federal court filing.

  • January 14, 2025

    El Paso Firm Failed To Pay Overtime Wages, Paralegal Says

    An El Paso, Texas, law firm required a paralegal to respond to emails and text messages outside her working hours but refused to pay her overtime wages, she told a federal court Tuesday.

  • January 13, 2025

    Meat Giant JBS To Address Child Labor In $4M DOL Deal

    The U.S. Department of Labor announced Monday that it secured an agreement with JBS USA Food Co. that requires the meatpacking processor and slaughterhouse giant to put $4 million towards helping those affected by unlawful child labor practices.

  • January 13, 2025

    Papa John's Directed To Settle Driver's Wage Suit Privately

    A Kentucky federal court refused to greenlight a $140,000 settlement that would resolve a suit claiming Papa John's stiffed delivery drivers on wages by not fully reimbursing them for vehicle costs, saying the parties need to settle this dispute privately because the court lacks authority to approve the deal.

  • January 13, 2025

    9th Circ. Won't Revive Salmon Processing Workers' OT Suit

    The Ninth Circuit declined to reinstate a lawsuit brought by former workers for a salmon processing company who accused it of failing to pay them overtime wages when it required them to be on call during the COVID-19 pandemic, finding the workers were not often called to return to work.

  • January 13, 2025

    Court, Not County, Was Worker's Employer, Ga. Judge Says

    A Georgia federal judge on Friday recommended freeing Fulton County from a lawsuit brought against it by a former juvenile court employee, who sued for age and disability discrimination after she was fired at 60 and had requested medical leave due to an upcoming knee surgery.

  • January 13, 2025

    Cannabis Co. Again Seeks Dismissal Of Finder's Fee Suit

    The Cannabist Co. Holdings Inc. is asking a New York federal court to once again throw out a suit from an associate alleging he is owed $800,000 for facilitating an investment, saying New York law bars oral finder's fee contracts and the claims are still blocked by the statute of limitations.

Expert Analysis

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.