Wage & Hour

  • May 17, 2024

    Delivery Apps Illegally Adding Extra Fees In Seattle, FTC Told

    DoorDash and Uber illegally charge "deceptive and unfair" junk fees to customers to cover the companies' costs to comply with a Seattle law mandating minimum wages for app-based workers, a consumer told the Federal Trade Commission in a complaint.

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    DOL Wants Early Win In Support Co. Misclassification Suit

    The U.S. Department of Labor urged a Florida federal judge to grant it a pretrial win in its suit accusing a customer support services provider of misclassifying 22,000 workers as independent contractors, saying it's clear the company has near-total control over their work.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 17, 2024

    Flight Crews Get Step Closer To In-Flight Nursing Breaks

    The enactment of the Federal Aviation Administration Reauthorization Act paves the way for in-flight crew members to finally have the right to express breast milk by requiring the FAA to address safety concerns head-on, attorneys say.

  • May 17, 2024

    Worker's OT Suit Against Oilfield Co. Pushed To Arbitration

    An oilfield services company can push into arbitration an ex-oil rig worker's unpaid overtime suit, after a Texas federal judge sided with the company, staying the suit pending arbitration.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    EPA Doctor Not A Whistleblower For Slamming Lead Plan

    A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.

  • May 16, 2024

    Home Health Co., Aides Settle OT Suit Over Shift Tracking

    A home health care organization and two workers asked an Ohio federal judge Thursday to sign off on a $62,000 settlement resolving claims that the company underpaid overtime wages by separately tracking the day and night shift hours that employees worked in a single week.

  • May 16, 2024

    High Court Decision Requiring A Stay Raises More Questions

    The U.S. Supreme Court's unanimous decision Thursday finding that federal courts must honor a request to stay a case after ordering the dispute into arbitration leaves an important subsequent question unresolved: What happens if neither party requests a stay?

  • May 16, 2024

    Calif. Panel Says Signature Wasn't Rebutted On Arbitral Pact

    A worker failed to show that a signature in an employee handbook containing an arbitration clause wasn't his, a California state appeals court ruled, flipping a trial court's decision that denied a mining company's bid to arbitrate his wage and hour suit.

  • May 16, 2024

    Wis. Appeals Court Undoes Corrections Workers' Wage Class

    A Wisconsin appeals court dissolved a class of state Department of Corrections employees who argued they are owed pay for the time they spent undergoing security checks and walking to and from their assigned work posts, ruling a lower court used an invalid legal theory in certifying the group.

  • May 16, 2024

    Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • May 16, 2024

    Pressure Mounts On Biden Admin To Finalize Regulations

    The U.S. Department of Labor and other federal agencies face pressure to complete rulemaking this month because a window opens soon that will make it easier for Republicans in Congress to wipe away regulations if they and former President Donald Trump sweep the November elections, experts told Law360.

  • May 16, 2024

    Delta, Flight Attendants Ink $16M Deal To End Wage Suit

    Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.

  • May 16, 2024

    SC Convenience Store Pays $154K For OT Violations

    A gas station and convenience store in South Carolina paid nearly $154,000 for denying workers overtime rates, the U.S. Department of Labor said.

  • May 16, 2024

    Justices Say Courts Must Stay Suits Sent To Arbitration

    The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.

  • May 16, 2024

    Justices Say Deadline To Appeal Furlough Denial Is Flexible

    The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.

  • May 15, 2024

    Georgia Justices Weigh State Immunity In Trooper's Wage Suit

    Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.

  • May 15, 2024

    Worker Updates Boot-Up Suit After Judge Axes State Claims

    A former call center worker on Tuesday lodged an amended class action complaint seeking boot-up time wages from a home healthcare company, raising only federal claims after a Michigan federal judge earlier this year stripped state law allegations from the suit.

  • May 15, 2024

    Wage Damages Update Isn't Retroactive, NJ Justices Say

    The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.

  • May 15, 2024

    Staffing Co.'s Wage Settlement Gets Approval On 4th Attempt

    After three tries, a Georgia federal judge approved a settlement Wednesday between a staffing firm and two workers who alleged that the firm shorted them on wages by making them work through unpaid meal breaks, finding the latest amendment fixed previous inconsistencies.

  • May 15, 2024

    School District, Teachers Can't Snag Win In Equal Pay Fight

    Neither a Pennsylvania school district nor the female teachers accusing it of paying them less than their male colleagues can snag a win in two consolidated Equal Pay Act suits, a federal judge ruled Wednesday, saying there are still open questions in the cases.

  • May 15, 2024

    Tenn. Restaurant Workers Get Approval Of Tip Violation Deal

    A Nashville, Tennessee, restaurant will pay $375,000 to end a collective action claiming it stiffed tipped employees on their full wages, after a Tennessee federal judge signed off on a settlement. 

  • May 15, 2024

    AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit

    An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.

Expert Analysis

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.