Wage & Hour

  • 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.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 12, 2024

    Texas Firm Accused Of Misclassifying Paralegal As Contractor

    A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.

  • June 12, 2024

    Magistrate Endorses Axing OT Suit But Allowing 2nd Chance

    A federal magistrate judge advised tossing an unpaid overtime lawsuit against a California cold storage company that specializes in packing agricultural goods, but said the worker should have an opportunity to flesh out their claims.

  • June 12, 2024

    DOL Hits IHOP Franchises With FLSA Suit

    The owner of IHOP franchises in Illinois owes more than $568,000 in back wages, damages and fines for denying workers their full tips and wages, the U.S. Department of Labor said in a complaint.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    9th Circ.'s AB 5 Ruling Leaves Less Hope For Striking Law

    A full Ninth Circuit ruling that California's Assembly Bill 5 doesn't violate certain businesses' equal protection rights is, for now, likely the end to yet another argument parties have used to challenge the worker classification law.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Home Depot Again Notches Win In OT Suit

    A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.

  • June 11, 2024

    Attys Must Justify Bid For Extra Fees From Tip Deal Leftovers

    The attorneys representing workers accusing restaurant chain Famous Dave's of violating tip regulations will need to justify why they are trying to get a portion of unclaimed funds in an almost $1 million deal, a Maryland federal judge ruled.

Expert Analysis

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

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    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • New Rulings Show Job Duties Crucial To Equal Pay Act Claims

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    Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

  • Tips For Handling Employee Pay Scale Asks As Laws Expand

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    Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

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    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

  • 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.