Wage & Hour

  • June 14, 2024

    NY Bill Taking Aim At Model Worker Abuse Awaits Gov.'s Pen

    The New York State Assembly greenlighted a bill now headed for the governor's desk that creates new worker protections for models that aim to rein in industry exploitation, legislation that would build a registry of modeling agencies and require them to act as fiduciaries for their workers.

  • June 14, 2024

    Ill. Cannabis Co.'s Payroll Provider Suit Revived

    An Illinois appeals court breathed new life into a cannabis dispensary operator's negligence and negligent misrepresentation​ lawsuit against its accounting firm for incorrectly telling the company it was overtime-exempt and causing it to underpay employees, saying the claims may have been brought in time.

  • June 14, 2024

    Popeyes Accused Of Skimping On Breaks And Wages

    Popeyes made employees in California work through lunch and rest breaks without appropriate pay and provided them with "confusing" wage statements, according to a putative class action lodged in a Los Angeles court.

  • June 14, 2024

    Healthcare Worker's Solo PAGA Claim Heads To Arbitration

    A California state appeals court ruled an employee's individual wage claims under the state's Private Attorneys General Act should be heard in arbitration, overturning a lower court's decision to keep the lawsuit in state court and finding the arbitration agreement encompassed the worker's claims.

  • June 14, 2024

    Former IT Worker Wants Outright Win In FMLA Suit

    A former information technology worker asked a Florida federal court Friday to reconsider a win it denied him in his lawsuit alleging he was fired after he took medical leave to treat anxiety, arguing the court should have found his company acted illegally.

  • June 14, 2024

    5 Threats To New DOL Rule Expanding Overtime Eligibility

    A U.S. Department of Labor rule that the agency says would extend overtime protections to an estimated 4.3 million workers in its first year faces opposition in the courts and in Congress that could topple the recently finalized regulations. Here, Law360 reviews five threats to the Biden administration's overtime rule.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 14, 2024

    Disability Care Co., DOL Ink $500K Deal To End Wage Suit

    A Virginia care company for people with intellectual disabilities will pay about $500,000 to end a U.S. Department of Labor suit alleging it paid employees a flat rate, leading to minimum wage and overtime violations, according to court documents filed Friday.

  • June 13, 2024

    Apple Workers' Suit Says Women Are Paid Less For Same Work

    A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.

  • June 13, 2024

    New Evidence Triggers Amended Misclassification Complaint

    Growers accusing a chicken farm of misclassifying them as independent contractors can amend their suit, a South Carolina federal judge ruled Thursday, agreeing that new evidence they obtained could expand the suit's reach.

  • June 13, 2024

    Republican Sens. Want To Block DOL OT Exemption Rule

    Republican senators unveiled a Congressional Review Act resolution Thursday aiming to roll back the U.S. Department of Labor's new rule increasing the salary thresholds for overtime exemptions for administrative, executive and professional employees, saying the final rule will raise prices and cut jobs.

  • June 13, 2024

    2nd Circ. Reopens Tow Trucker's Wage Suit

    A New York federal court shouldn't have inserted a subsidiary in a proposed class action accusing an auction service provider of paying tow truck drivers late, the Second Circuit ruled Thursday, reviving the suit.

  • June 13, 2024

    Wage Violation Window Narrowed Before Trial

    A group of workers for a sheriff's office can bring evidence at trial that the county they worked for committed wage violations only within the time period covered by the three-year statute of limitations, which is locked at the moment workers opt in, a Tennessee federal judge ruled.

  • June 13, 2024

    Mass. Court Blesses Broad Liability In BMW Dealer Wage Suit

    An intermediate Massachusetts appellate panel on Thursday ruled that a BMW dealership employee can sue not only her direct employer for wage law violations, but also a separate company that manages the dealership.

  • June 13, 2024

    Courts Grow Dubious Of Approval Obligation For FLSA Deals

    The future of Fair Labor Standards Act settlement approvals is increasingly uncertain, as federal district court judges have been departing from precedent by saying parties can privately settle without court approval. Here, Law360 explores the issue.

  • June 13, 2024

    Perdue Wants Copycat Wage Suit Tossed or Transferred

    Perdue Foods asked a Maryland federal judge Thursday to throw out or transfer to Georgia a chicken grower's suit alleging independent contractor misclassification, saying the claims are identical to another suit in that state the named plaintiff was involved with.

  • June 13, 2024

    Mass. High Court Approves Tipped Wage Ballot Measure

    Massachusetts' highest court on Thursday gave its blessing to a November ballot question asking voters to increase the state's minimum wage for tipped workers, finding that pairing the measure with a provision to allow tip pooling is part of an overall public policy goal to boost wages for all service industry employees.

  • June 13, 2024

    Calif. Residential Care Co. Owes $659K For Wage Infractions

    A Los Angeles residential care company must pay nearly $659,000 in back wages, damages and fines for denying workers their full wages, the California Labor Commissioner's Office announced Thursday.

  • June 12, 2024

    NM Pot Store Chain Unlawfully Keeps Tips, Budtenders Say

    A cannabis retail chain in New Mexico is accused of unlawfully taking tips from its budtenders under the premise that the money would be donated to a charity, according to a proposed class action filed Wednesday in federal court.

  • June 12, 2024

    NY Court Strikes Housing Tax Break's Labor Dispute Process

    A New York state court has undercut a provision in a since-expired affordable housing tax break that enabled a city watchdog to issue judgments against developers who underpaid construction workers, deeming the provision unconstitutional because decisions could not be appealed.

  • June 12, 2024

    Amazon Flex Drivers Seek to Arbitrate Employment Status

    Nearly 16,000 Amazon drivers filed arbitration claims against the e-commerce giant with the American Arbitration Association this week seeking unpaid wages and compensation for work-related expenses because of their misclassification as independent contractors.

  • June 12, 2024

    Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    'Unconscionable' Arbitration Pacts Keep PAGA Suit In Court

    A cemetery and funeral services company can't compel arbitration of two former employees' Private Attorneys General Act lawsuit because the arbitration pacts it gave them are "unconscionable," a split a California appellate panel ruled, affirming a trial court's decision.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

Expert Analysis

  • Remote Work Considerations In A Post-Pandemic World

    Author Photo

    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
    Author Photo

    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

    Author Photo

    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

    Author Photo

    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

    Author Photo

    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Calif. Independent Contractor Lessons From Grubhub Suit

    Author Photo

    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

    Author Photo

    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

    Author Photo

    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.

  • Eye On Compliance: Joint Employment

    Author Photo

    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

    Author Photo

    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
    Author Photo

    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.