Wage & Hour

  • January 08, 2025

    Traveling Nurses' Wage Suit Can Stay In Court

    Traveling nurses faced pressure to sign employment contractors with arbitration agreements that included vague cost-shifting provisions, a California federal judge ruled Wednesday, keeping in court claims that an operator of healthcare facilities and a staffing company asked them to accept lower wages or face termination.

  • January 08, 2025

    Calif. Ice Cos. Owe $1.1M For Overtime Violations, DOL Says

    Two California-based ice manufacturers under common ownership will pay nearly $1.1 million for stiffing 70 workers on overtime pay, the U.S. Department of Labor announced Wednesday.

  • January 08, 2025

    O'Reilly Auto Gets Final OK For $4.1M COVID Screening Deal

    A California federal judge has granted final approval to a $4.1 million settlement that resolves four related lawsuits from workers accusing O'Reilly Auto Enterprises of failing to compensate them for the time they spent undergoing COVID-19 screenings before shifts.

  • January 08, 2025

    ConEd Can't Trim Claims In Flaggers' Wage Suit

    A New York federal judge refused to throw out a breach of contract claim from ConEd workers accusing the utility company of failing to pay them prevailing wages, saying the workers did enough to support their allegation that the city made an agreement with them to provide such pay.

  • January 08, 2025

    BOK Financial Didn't Pay For Missed Breaks, Court Told

    BOK Financial violated Colorado law by failing to provide employees with rest breaks or pay them accordingly when they were unable to take them, a bank worker said in a proposed class action in state court.

  • January 08, 2025

    Judge Laments Atty's $32K Sanctions Saga In Tasty Bias Case

    A Pennsylvania judge expressed disappointment Wednesday about the need for a $32,000 sanction against an attorney accused of flouting deadlines in his client's employment discrimination claims against Tasty Baking Co., noting that "it didn't have to be this way."

  • January 08, 2025

    Calif. Panel Flips Arbitration Denial In Mining Co. Wage Case

    A California appeals court said a worker's arbitration agreement was not part of the guidelines included in a mining company's handbook, flipping a trial court's ruling that the company didn't show it had a binding arbitration agreement.

  • January 08, 2025

    Applebee's Franchisee Inks Deal In Tip, Wage Suit

    An Applebee's franchisee will pay $35,000 to end a proposed collective action filed by workers accusing the restaurant of tip credit and minimum and overtime wage violations, according to a filing in Virginia federal court.

  • January 08, 2025

    DOL Searching For SC Farm Workers Owed $132K In Wages

    The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.

  • January 08, 2025

    New Dad Says Raytheon Unit Fired Him Over Leave Request

    A Raytheon subsidiary allowed managers to make disparaging comments to an employee who sought to take parental leave to care for his newborn and then fired him six days before the leave was about to start, according to a suit filed in New York federal court.

  • January 07, 2025

    Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement

    Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns

    Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    FAR Council Withdraws Proposed Contractor Pay Equity Rule

    The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.

  • January 07, 2025

    Teachers Association Hit With Equal Pay, Gender Bias Claims

    The Computer Science Teachers Association's former financial director has sued the organization for gender discrimination in Illinois federal court, claiming it knowingly paid and treated her worse than male colleagues and blamed an unsupported "accounting error" on her mid-leave termination.

  • January 07, 2025

    Metal Co. To Pay $143K To End Unpaid Wages Suit

    A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.

  • January 07, 2025

    US Foods Slapped With Class Wage Suit By Ex-Seattle Worker

    US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.

  • January 07, 2025

    Volvo Fails To Pay For Off-Shift Tasks, Ex-Worker Says

    Volvo does not pay hourly employees for their time spent putting on and taking off personal protective equipment and completing other necessary pre- and post-shift tasks, a proposed class and collective action filed in South Carolina federal court said.

  • January 07, 2025

    McGuireWoods Grows In Pittsburgh With Employment Atty

    An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Fisher Phillips Adds Dallas Employment Atty From Reed Smith

    International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.

  • January 07, 2025

    Crop Drone Maker Stiffed Executive On Pay, Suit Says

    A former executive at a Massachusetts company that makes drones for the agricultural industry says he was never paid during his brief tenure, according to a lawsuit filed Tuesday in state court.

  • January 07, 2025

    Wash. Panel Won't Boot Subway Wage Dispute To Arbitration

    A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.

  • January 07, 2025

    Calif. Panel Says Individual PAGA Claims Belong In Arbitration

    An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.