Wage & Hour

  • May 09, 2024

    Ballard Spahr Atty Among 5 Rimon Arrivals On Both Coasts

    Rimon PC has expanded its offices in New Jersey, Philadelphia, Orlando, San Francisco and San Diego with the addition of five attorneys, bolstering its intellectual property, investment management, real estate, employment and litigation capabilities, the firm announced Thursday.

  • May 09, 2024

    Calif. Panel Keeps PAGA Claims Out Of Arbitration

    A Los Angeles trial court correctly refused to sever an arbitration agreement filled with unconscionable provisions, a California appellate panel ruled, affirming the decision to deny a wireless company's bid to arbitrate a worker individual Private Attorneys General Act claims.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    Charter, Workers Both Want Quick Win In Vacation Time Suit

    Workers alleging that Charter Communications failed to pay out unused vacation time when it merged with Time Warner Cable asked a California federal judge to grant them a win, saying state wage law unambiguously requires the payouts, while Charter urged the court to find the opposite.

  • May 09, 2024

    Bronx Urgent Care, DOL Reach $160K Deal In Wage Suit

    An urgent care in the Bronx will pay $160,000 in back wages, damages and fines to end a U.S. Department of Labor suit accusing it of stiffing workers on overtime pay, according to court papers.

  • May 08, 2024

    Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit

    An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.

  • May 08, 2024

    4th Circ. Says Purpose Of Inmate Labor Affects Classification

    The primary purpose of prisoners' work at a Baltimore County recycling plant should determine whether a group of incarcerated people were employees under federal law, a Fourth Circuit panel ruled Wednesday, rejecting the county's view that any amount of rehabilitative-oriented work spared it from minimum wage obligations.

  • May 08, 2024

    Arbitration Pact Doesn't Bar PAGA Penalty Claims, Panel Says

    An arbitration agreement a worker signed with a gardening retailer doesn't apply to his representative civil penalty claims under California's Private Attorneys General Act, a state appellate panel held, saying the language of the agreement shows the parties didn't intend to arbitrate those kinds of disputes.

  • May 08, 2024

    ​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

    A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

  • May 08, 2024

    Oil Field Workers File Proposed Class Suit Over Unpaid Wages

    Three oil field workers have slapped their employers with a proposed collective and class action in Texas federal court accusing the companies of failing to pay overtime and straight-time wages to hourly, day rate and salaried workers in violation of the Fair Labor Standards Act.

  • May 08, 2024

    Pizzeria Must Face Ex-Driver's Wage Kickback Claims

    A pizza eatery can't escape a former delivery driver's suit claiming unreimbursed expenses pushed his wages below the federal minimum rate, with a Georgia federal judge ruling Wednesday the ex-worker doesn't need to specify the on-the-job costs he alleged he unfairly shouldered.

  • May 08, 2024

    Littler Atty Named Miami Leader Less Than 1 Year After Arrival

    Littler Mendelson PC has selected one of its newest shareholders in Miami to take over the office managing shareholder position, the firm announced Wednesday.

  • May 08, 2024

    Mass. Justices May Give Green Light To Tip Ballot Measure

    Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.

  • May 08, 2024

    An Untested Clause Could Fortify DOL's Overtime Rule

    A novel clause in the U.S. Department of Labor's rule expanding workers' overtime protection could help it hold up if critics challenge it in court, experts told Law360.

  • May 08, 2024

    Calif. Sewing Contractors To Pay $200K To End DOL Suit

    Two sewing contractors in Los Angeles will pay $200,000 to end a U.S. Department of Labor suit alleging they denied workers full wages and shipped goods produced in violation of federal wage law across state lines, according to court papers.

  • May 08, 2024

    Medical Manufacturing Co., Welder Settle OT Suit

    A former welder told an Ohio federal court he reached a deal with the medical and dental product manufacturing company he accused of not paying for the work he performed before his scheduled shifts.

  • May 08, 2024

    Tenn. Hairstylists To Settle Independent Contractor Claims

    A hair salon and a group of hairstylists asked a Tennessee federal judge to sign off on a settlement ending their claims seeking to recover minimum and overtime wages, saying they reached a reasonable compromise during arbitration.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit

    A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.

  • May 07, 2024

    DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

    Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.

  • May 07, 2024

    NJ Justices Say Survivor Gag Orders Flout #MeToo Law

    A nondisparagement clause in a former New Jersey police sergeant's settlement agreement resolving sex discrimination, sexual harassment and retaliation claims against her former employer is against public policy and unenforceable, the New Jersey Supreme Court held on Tuesday.

  • May 07, 2024

    Wash. Opinion Establishes Pay Transparency Suit Battle Lines

    A Washington federal court opinion on a job applicant's pay transparency suit offers clues to how this novel area of equal pay could play out in future litigation, attorneys say, and it raises questions on what constitutes harm and a sincere application effort.

  • May 07, 2024

    Ark. Restaurant Operator Pays $12K For FMLA Infractions

    The operator of nine restaurants in Arkansas paid nearly $12,000 in back wages and fines for firing a worker who took protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday.

  • May 07, 2024

    Excavator Can't Bury DOL Back Pay Retaliation Suit

    A Vermont excavation company can't escape the U.S. Department of Labor's suit alleging it retaliated against the worker who initiated an agency investigation, with a federal judge ruling Tuesday that a threatening Facebook post was meant to intimidate the ex-worker and cannot be protected as free speech.

Expert Analysis

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

  • Preparing For Potential Changes To DOL's Overtime Rules

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    While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

  • Cost-Splitting Arbitration Clauses Threaten Workers' Rights

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    A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.

  • Pa.'s Changing Employment Laws In 2022 And Beyond

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    With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

  • Musician Classification Pointers For Wash. Hospitality Cos.

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    Following a recent increase in audits by the Washington State Employment Security Department concerning hospitality employers’ classification of musical performers, businesses are strongly encouraged to assess state law requirements governing their relationship with hired talent and ensure written contracts are in place, say Emily Bushaw and Shannon McDermott at Perkins Coie.

  • Employer Ramifications From Wash. Prevailing Wage Ruling

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    After the Washington Supreme Court's recent ruling in Associated General Contractors v. Washington that altered how prevailing wage rates are set, employers of public works projects can expect to see higher wage rates for their employees, say Cassidy Ingram and Brett Hill at Ahlers Cressman.

  • In 2023, Pursue The 'Why' Behind Employment Compliance

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    As employers approach new compliance requirements that will take effect on Jan.1, considering why these laws and regulations were put in place — rather than what must be done to satisfy them — can open greater opportunities to move ahead of the curve and align actions with company values and culture, says Christopher Ward at Foley & Lardner.

  • Employee Pay Takeaways From Computer Startup Time Ruling

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    The Ninth Circuit’s recent ruling in Cadena v. Customer Connexx, which held that time spent booting up laptops is compensable, is a reminder of how the continuous workday rule affects employee pay and provides insight on whether other types of tasks are integral and indispensable, say attorneys at Husch Blackwell.

  • IRS Starts Clock On Energy Projects' Labor Rule Exemption

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    A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Employer Lessons From Google's $118M Equal Pay Deal

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    The recent $118 million settlement in the Ellis v. Google class action over a systemic scheme directed at underpaying women can be used as the foundation for employers to implement better business practices and avoid lawsuits of this magnitude, say attorneys at Gordon & Rees.