Wage & Hour

  • July 03, 2024

    Nev. Retires Its Unique Two-Tier Minimum Wage

    Nevada has a new minimum wage structure, thanks to a voter-approved ballot question that eliminated a two-tier wage floor that depended on whether an employer offered insurance benefits.

  • July 02, 2024

    Gig Drivers' Union Rights Make It To Mass. Ballot

    Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced. 

  • July 02, 2024

    ​​Walgreens Workers Nab Class Cert. In Late Pay Suit

    Walgreens workers can move forward as a class in a lawsuit alleging that the pharmacy chain didn't pay their final paychecks on time, an Oregon federal judge ruled while setting up specific limits on who can join the suit.

  • July 02, 2024

    NY County Must Face Ex-Assistant DA's Leave Bias Suit

    A New York county can't dodge a former assistant district attorney's suit claiming she was unlawfully fired for requesting time off following her husband's cancer diagnosis, with a federal judge ruling more information is needed to determine whether she was misled about her eligibility for leave.

  • July 02, 2024

    6 Major Rulings For Wage-Hour Attorneys So Far In 2024

    In the first half of 2024, the U.S. Supreme Court decided a pair of cases addressing arbitration in wage and hour litigation, the Sixth Circuit weighed minimum wage for pizza delivery drivers and a New York decision created an appellate split on timely pay requirements. Here, Law360 recaps those rulings and four other major decisions so far this year.

  • July 02, 2024

    Tax Consultant's Claim To Commissions Brought In Bad Faith

    A California state appeals court found a wage and hour lawsuit against a tax credit firm was brought in bad faith because the worker lacked evidence to support her allegations, upholding a lower court's ruling and awarding attorney fees and costs to the firm.

  • July 02, 2024

    2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit

    The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.

  • July 02, 2024

    Home Care Co., DOL Ink $179K Deal To End Wage Suit

    A Philadelphia home care company will pay more than $179,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it failed to pay workers overtime rates, according to court papers.

  • July 02, 2024

    Biz Groups Say Chevron Ruling Crushes DOL Contractor Rule

    The U.S. Supreme Court's decision killing the Chevron doctrine shows that the U.S. Department of Labor couldn't toss a Trump-era rule determining workers' independent contractor status and issue a new one, the U.S. Chamber of Commerce and other groups told a Texas court.

  • July 02, 2024

    Healthcare Staffing Co. Wants Wage Suit In Arbitration

    A healthcare staffing company urged a Virginia federal judge to toss a proposed collective action accusing it of automatically deducting meal breaks from workers' time sheets and requiring them to perform off-the-clock work, arguing the worker who brought the suit signed a pact to arbitrate any employment disputes.

  • July 02, 2024

    5th Circ. Asks If High Court's Chevron Ruling Affects OT Rule

    The Fifth Circuit asked the U.S. Department of Labor and a Dairy Queen franchisee to address how the recent U.S. Supreme Court's decision nixing the Chevron doctrine affects a challenge to the department's overtime rule.

  • July 02, 2024

    3rd Circ. Asked To Remand OT Suit After Justices' Ruling

    Three home care companies in overtime disputes with the U.S. Department of Labor urged the Third Circuit to reverse and remand a ruling that they waited too long to challenge a 2013 ruling on in-home caregivers' ability to earn minimum wage under a new U.S. Supreme Court precedent.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    VC Co.'s Ex-Marketing Chief Wins $1.4M Damages In Retrial

    A jury awarded $1.4 million in damages for unpaid bonuses to a former marketing director for a biotechnology-focused venture capital company after a retrial on the damages award, unanimously granting the ex-executive almost the same amount as an earlier award that a New York federal judge opposed.

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

  • July 01, 2024

    Trucking Co. Inks Deal To End Drivers' OT Collective Action

    A trucking company and a group of drivers have reached a deal in a suit that started in 2020 claiming that workers received a "per-ton" compensation that ignored overtime, a Kentucky federal judge has said.

  • July 01, 2024

    Delta Flouts Wash. Pay Transparency Law, Applicant Says

    Delta Air Lines has not been including pay ranges in its job postings in Washington, in violation of a state pay transparency law, an applicant for a position at the airline claimed in a proposed class action seeking to represent over 1,000 potential employees.

  • July 01, 2024

    Wash. Hospital To Pay $1.4M To End Meal Break Wage Suit

    A Washington hospital agreed to shell out $1.4 million to end a lawsuit claiming employees worked through meal breaks without pay, with a medical coder urging a federal court to sign off on the settlement covering about 1,350 workers.

  • July 01, 2024

    Flowers Foods Subsidiary, Workers Settle Wage Suit

    A subsidiary of Flowers Foods and a group of workers told a California federal judge they reached an agreement to settle a lawsuit alleging independent contractor misclassification, two months after a federal judge told the subsidiary it must face the claims.

  • July 01, 2024

    Telecom Worker's Wage Suit Belongs In Arbitration

    A worker suing a telecommunications and electrical contracting company must arbitrate unpaid wages claims because their arbitration agreement is enforceable, a California federal judge ruled.

  • July 01, 2024

    8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award

    The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.

  • July 01, 2024

    DOL Overtime Exemptions Rule 'Likely Unlawful,' Judge Says

    A U.S. Department of Labor rule that took effect Monday and raises the salary thresholds for overtime exemptions won't apply to the state of Texas for now, a Texas federal judge said, finding that the rule "is likely unlawful."

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

Expert Analysis

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 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.