Wage & Hour

  • June 03, 2024

    DHL, Courier Service Agree To Shell Out $1M In OT Suit

    DHL and its direct courier services told a Washington federal court they have agreed to shell out $1 million to a group of drivers who claimed they were paid a flat daily rate that did not include overtime.

  • June 03, 2024

    As State Minimum Wages Rise, Fewer Workers At Fed. Floor

    The relevance of the federal minimum wage, which trails the floor in more than half of U.S. states, remains up for debate, as a recent government report says the share of hourly workers making that national amount continues to decline.

  • June 03, 2024

    Fisher Phillips Grows In Tampa With Cantrell Astbury Founder

    Employer-side law firm Fisher Phillips announced Monday that it added a new of counsel to its Tampa, Florida, office who was previously a shareholder and founder of a boutique employment law firm.

  • June 03, 2024

    Vanderbilt Health, Nurse's Pay System Suit Deal OK'd

    A Tennessee federal judge approved a confidential deal ending a retired nurse's claims that Vanderbilt University Medical Center failed to pay patient-facing employees for meal breaks they had to work through nor properly track their hours after the timekeeping system went offline.

  • June 03, 2024

    Mich. High Court Keeps $15 Min. Wage Proposal Off Ballot

    An initiative to raise the hourly minimum wage in Michigan to $15 by 2027 will stay off the 2024 ballot, the state Supreme Court ruled, turning down a group's bid to force the state canvassers board to certify the proposal.

  • June 03, 2024

    Ex-Servers Win Class Cert. In Tip Suit Against NY Restaurants

    A New York federal judge granted class certification to a group of workers for two Manhattan Chinese restaurants who claim they were forced to share tips with nontipped co-workers and underpaid, finding the restaurants' policies similarly affected all tipped workers.

  • June 03, 2024

    Justices Won't Mull Worker-Friendly Ruling On Preshift Pay

    The U.S. Supreme Court declined on Monday to hear a case asking how to decide when an employer must pay employees for time they spend on preshift tasks that are necessary for them to do their jobs.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    5th Circuit Decision Hints At Salary Debates To Come

    What constitutes a bona fide salary for overtime-exempt professionals continues to be a source for debate, and a recent Fifth Circuit decision affirms long-standing principles behind federal salary regulations while presaging future battles around whether those regulations are valid, attorneys say. 

  • May 31, 2024

    3rd Circ. Preview: Labor Battles Heat Up In June

    Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.

  • May 31, 2024

    Maritime Employees Stiffed On Sick Leave, Wash. Court Told

    A nonprofit representing shipping industry employers and a Washington state marine terminal operator have not been providing longshoremen with paid sick leave in violation of state wage law and a Seattle city ordinance, a longshoreman told a state court.

  • May 31, 2024

    NYC Landlord Inks Deal To End Wage Theft Suit

    A former maintenance worker has agreed in principle to settle his proposed wage theft collective action against a New York City landlord and its property manager, according to a letter filed Friday in New York federal court.

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Complaints About BC Tennis Coach Led To Firing, Suit Says

    A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.

  • May 31, 2024

    Split NH High Court Says Cops Must Pay Back Sick Leave

    An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pending, a split New Hampshire Supreme Court ruled.

  • May 31, 2024

    Steptoe Adds To Employment Department In Pittsburgh Office

    A commercial litigator's plan to refocus her practice on employment law prompted a recent move to Steptoe & Johnson PLLC's Pittsburgh office after more than eight years with Sherrard German & Kelly P.C.

  • May 31, 2024

    Store Applicant Wants Pay Range Case In State Court ASAP

    A job applicant told a Washington federal judge not to grant retailer Aaron's bid to appeal to the Ninth Circuit his case accusing it of violating a state requirement to include pay ranges in job advertisements, saying it contradicts the company's claim the suit shouldn't be in federal court.

  • May 31, 2024

    Ex-OneMain Atty Joins Semmes' Baltimore Employment Team

    LaTonya D. Reynolds had early dreams of being an international corporate attorney, but a passion for finance and taxation, and later, employment law, ultimately led her to her new role as counsel in the labor and employment practice group of Semmes Bowen & Semmes in Baltimore.

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    Customer Support Co. Assails DOL Early Win Bid In Wage Suit

    Employees for a customer support services company have control over their work and manage their own business, the company told a Florida federal court in its request to stop the U.S. Department of Labor from securing an early win in an independent contractor classification case.

  • May 31, 2024

    DOL Asks To Wait To Disclose Workers In Fishery Wage Case

    The U.S. Department of Labor urged a Mississippi federal court to halt the disclosure of the identities of some migrant workers who helped in the department's investigation of a fish farm, saying that it plans to ask the court to reconsider ordering the disclosure.

  • May 30, 2024

    9th Circ. Reopens Mandatory Security Check Wage Fight

    The Ninth Circuit on Thursday largely revived a proposed wage class action by a subcontractor who sought to be paid for undergoing mandatory security checks and vehicle inspections at a solar project site, following the California Supreme Court's ruling that found the time to be compensable as "hours worked."

  • May 30, 2024

    Divided FTC Won't Delay Kroger-Albertsons In-House Case

    The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.

  • May 30, 2024

    DOL Says Hyundai Hired 13-Year-Old To Work Assembly Line

    Car companies SMART and Hyundai and a staffing agency employed a 13-year-old to work up to 60-hour weeks in an assembly line, the U.S. Department of Labor told an Alabama federal court Thursday, saying the labor "shocks the conscience."

  • May 30, 2024

    Ballard Spahr Faces Claim It Fired Worker Over Sick Husband

    A former legal assistant at Ballard Spahr LLP claims the firm fired her in retaliation for using the Family and Medical Leave Act to take time away from work to care for her cancer-stricken husband, according to a complaint filed in Pennsylvania federal court.

Expert Analysis

  • 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.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.