Wage & Hour

  • July 26, 2024

    Paramount Must Face CBS Manager's Bonus Pay Claim

    A Maryland federal judge refused to toss a former CBS News station manager's claim alleging her former bosses at Paramount unlawfully withheld her bonus pay after she was terminated, but said the bosses themselves don't have to face the allegation because they weren't her employer.

  • July 26, 2024

    Domino's Says Driver's Atty Should Pay Up For Doomed Suit

    Domino's Pizza said Thursday a law firm that lost a case claiming delivery drivers weren't properly reimbursed for expenses should know its new suit against the company will fail for the same reasons, asking a Michigan federal judge for sanctions because the firm should know the new plaintiff must also arbitrate her claims.

  • July 26, 2024

    Gas Co. Can't Wheedle Out Of Jury's Decision, Trader Says

    A former trading director has told a Colorado state judge that the natural gas marketing company he worked for has no grounds to escape a Denver jury's $3.3 million damages award over his unpaid bonus, arguing that the jurors clearly found in his favor.

  • July 26, 2024

    SC Home Care, Transport Cos. Ink Deal In DOL Wage Suit

    A home healthcare company, a nonemergency medical transportation service and their owner will pay more than $31,000 to end a U.S. Department of Labor suit alleging the South Carolina-based companies misclassified workers, according to court papers filed Friday.

  • July 26, 2024

    Calif. Forecast: Warehouse Worker Carveout Args At 9th Circ.

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit regarding whether warehouse workers are interstate transportation workers and therefore exempt from federal arbitration requirements. Here's a look at that proposed class action and other labor and employment matters on deck in California.

  • July 26, 2024

    Hyundai Wants DOL Child Labor Suit Over 13-Year-Old Tossed

    The U.S. Department of Labor didn't support its claims that Hyundai knew a 13-year-old was working on an assembly line, the company said as it asked an Alabama federal court to dismiss the allegations.

  • July 26, 2024

    Drexel Sinks Bulk Of Bias Suit But Must Face Equal Pay Claim

    A Drexel University philosophy professor failed to show the mistreatment she said she faced from male professors amounted to unlawful sex bias as opposed to a merely unpleasant workplace, a Pennsylvania federal judge ruled, knocking out much of her suit but letting an equal pay claim move ahead.

  • July 25, 2024

    FedEx Seeks Win On Damages Issues In OT Suit

    A driver alleging FedEx illegally deprived him of overtime wages can't prove the shipping giant deliberately violated federal labor laws, the company told a Massachusetts federal judge Thursday in a bid to limit the amount of damages the worker can seek to recover at trial.

  • July 25, 2024

    USDA Drops Push To Certify Contractors' Labor Compliance

    The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.

  • July 25, 2024

    Calif. Tech Startup's Misleading Arbitration Pact Fails

    A startup technology firm's description of updates to its arbitration pact were "wildly inaccurate and misleading," a California appeals court found, affirming a lower court's refusal to enforce the agreement in a worker's wage, discrimination and retaliation lawsuit as the former version the worker signed was completely different.

  • July 25, 2024

    SC Contractor Pays $1M After DOL Pay Probe

    A South Carolina federal contractor handed over more than $1 million in back wages for paying 43 workers improper rates, the U.S. Department of Labor announced Thursday.

  • July 25, 2024

    Patent Atty Seeks Closure Over Ex-Firm's Back Wages

    Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.

  • July 25, 2024

    Foley Hoag Hit With Overtime Wage Suit By NY Support Tech

    A former support technician at Foley Hoag LLP accused the firm of "egregious violations of wage and hour laws" in a lawsuit filed Wednesday in New York federal court.

  • July 25, 2024

    Texas HVAC Co. Pays $1.5M For Misclassifying Workers

    A Dallas HVAC company paid more than $1.5 million in overtime wages and damages for misclassifying 430 technicians, the U.S. Department of Labor announced Thursday.

  • July 25, 2024

    Food Distributors Not Transportation Workers, 2nd Circ. Told

    The Second Circuit should keep its earlier decision that two food distributors must arbitrate claims that Flower Foods and two subsidiaries misclassified them as independent contractors because the duo didn't perform transportation work, the companies said.

  • July 25, 2024

    Rising Star: Jones Day's Kristina Yost

    Kristina Yost of Jones Day has acted as lead counsel for Bloomberg LP in several high-profile Fair Labor Standards Act suits, helped a manufacturing company defeat a suit claiming it failed to pay overtime and worked to resolve an age discrimination case against IBM, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 25, 2024

    Shipman & Goodwin Adds Murtha Cullina Employment Atty

    Shipman & Goodwin LLP has expanded its employment litigation capabilities with the addition of an attorney from Murtha Cullina LLP.

  • July 25, 2024

    Littler Mendelson Names New Office Leaders In 5 Cities

    Labor and employment firm Littler Mendelson PC is getting some new office heads, announcing Wednesday it has named new office managing shareholders for five of its U.S. offices — San Diego, San Jose, Indianapolis, Denver and Portland, Oregon.

  • July 24, 2024

    Even With Deal, Athletes Still Fighting For Share Of NCAA Pie

    College athletes suing for a cut of NCAA television revenue in Colorado federal court have stressed that they will continue to litigate even if the settlement of a massive class action over name, image and likeness rights in California receives court approval.

  • July 24, 2024

    Healthcare Staffing Co. Can Arbitrate Wage Suit

    A Virginia federal judge sent to arbitration a worker's claims that a healthcare staffing company automatically deducted meal breaks from employees' time sheets and required them to perform off-the-clock work, ruling that the arbitration agreement the parties signed should be honored.

  • July 24, 2024

    Calif. ​Prop 22's Date Limits Grubhub Driver's Wage Suit

    A former Grubhub driver didn't work for the food delivery company after California passed Proposition 22 and therefore he can't pursue claims under the state's Private Attorneys General Act, a California federal judge ruled.

  • July 24, 2024

    6th Circ. Floats Remand Of Geico Agent Misclassification Suit

    The Sixth Circuit on Wednesday pressed Geico about plan documents reviewed by a lower court when it tossed agents' claims they were misclassified as independent contractors, floating the possibility of sending the case back for limited discovery.

  • July 24, 2024

    A Novel Arbitration Maneuver In W&H Case May Go Too Far

    A potential new frontier in the "arms race" of arbitration has cropped up in a misclassification case involving an employer who rolled out an arbitration program well into litigation — a move attorneys say might be so aggressive as to represent a red line for courts.

  • July 24, 2024

    Long Island Restaurant Escapes Service Fee Tip Suit 

    A Long Island restaurant won't have to face a worker's lawsuit alleging it unlawfully retained a service charge instead of distributing it among servers as promised after a New York federal judge on Wednesday adopted a magistrate judge's reasoning that the service charge was not a voluntarily paid tip.

  • July 24, 2024

    3rd Circ. Says ​NJ Temp Worker Law Is Constitutional

    Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional, the Third Circuit ruled Wednesday, affirming a district court's ruling.

Expert Analysis

  • 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.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.