Wage & Hour

  • July 16, 2024

    Chicken Farm Wants Misclassification Suit Tossed

    Growers claiming that a chicken farm misclassified them as independent contractors wouldn't be entitled to overtime even if they were employees, the farm told a South Carolina federal court, saying they fall under a federal agricultural exemption.

  • July 16, 2024

    NYPD Says Dog Handlers' Suit Fails Again

    The New York City Police Department urged a federal court to throw out a suit brought by 10 dog handlers accusing the department of failing to pay them overtime for time they spent caring for their dogs outside of work, calling their amended complaint too vague.

  • July 16, 2024

    Iowa Tire Shop Pays $34K For Miscalculating OT

    A tire shop in Iowa paid nearly $34,000 in back wages and damages for miscalculating the overtime rates of 11 workers, the U.S. Department of Labor announced.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have the Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    NYC To Pay $6.2M To End Rikers Officers' OT Suit

    New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

  • July 16, 2024

    Paid Breaks For Heat Safety May Spark Overtime Requirement

    Paid time for heat breaks that employers must provide under a proposed federal worker safety standard may count toward the 40-hour threshold at which a worker is entitled to overtime, attorneys told Law360.

  • July 15, 2024

    Judge Says Attys Must Hash Out Conflict In Twitter Row

    A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.

  • July 15, 2024

    EMS Workers Want Early Win In OT Gap Dispute

    A class and collective of emergency medical services workers asked a North Carolina federal court for summary judgment in their overtime suit against a county, arguing basic math proves employees were underpaid in violation of an ordinance.

  • July 15, 2024

    JPMorgan Chase Workers Had To Eat At Desks, Suit Says

    Chase Bank encouraged workers to perform off-the-clock work but failed to pay them accordingly, while also giving them so much work that they were forced to take their meals at their desks, a former employee said in a suit in California state court.

  • July 15, 2024

    HVAC Co. To Pay Workers $850K to End Wage Class Deal

    An HVAC company has agreed to pay $850,000 to settle an ex-technician's proposed class action alleging meal break and wage violations, according to a bid for preliminary approval filed in Washington state court.

  • July 15, 2024

    Denver Can't Enforce State Wage And Hour Law, Cos. Say

    A worker-finding platform and a staffing company said the City of Denver and its auditor office don't have the authority to investigate wage and hour violations, telling a Colorado federal court that their overreach could lead to hefty penalties.

  • July 15, 2024

    NLRB Judge Says Bakery Fired Worker Over Tip Complaints

    A bakery in New York City's Harlem neighborhood violated federal labor law by firing a worker who complained about issues workers had with tips and scheduling at the shop, a National Labor Relations Board judge has ruled, rejecting the bakery's argument that the worker quit.

  • July 15, 2024

    Seyfarth Adds 5-Atty Labor Team From Hunton In Calif., Texas

    Seyfarth Shaw LLP announced Monday that it has brought on a five-member team of labor and employment lawyers who previously practiced with Hunton Andrews Kurth LLP.

  • July 15, 2024

    Mich. School Staffing Co., Ex-Worker Settle OT Suit

    A Michigan school staffing firm has agreed to pay employees double their overtime rate to settle a lawsuit alleging the company denied workers overtime wages, according to a filing Monday, resolving a proposed collective and class action lawsuit that an ex-security guard and support worker filed earlier this year.

  • July 15, 2024

    Renewable Energy Co. Owes $239K For OT Violations

    A renewable energy company in Puerto Rico owes nearly $239,000 for denying more than 1,000 solar panel and system installers their full overtime pay, the U.S. Department of Labor announced Monday.

  • July 15, 2024

    Amazon Tells Wash. Court It Rightfully Filed Arbitration Bids

    Amazon properly moved to arbitrate in districts where drivers accusing the e-commerce giant of misclassifying them as independent contractors agreed to arbitrate their claims, the company told a Washington federal judge, urging the court to deny the workers' request for an injunction.

  • July 15, 2024

    Customer Support Co., DOL Ink $3M Deal In Wage Suit

    A customer support services company agreed to pay out $3 million to end a U.S. Department of Labor suit in Florida federal court claiming it misclassified thousands of workers as independent contractors.

  • July 15, 2024

    Wis. Senior Care Co., DOL Reach $30K Deal To End Wage Suit

    A senior living center in Wisconsin will pay $30,000 to end a U.S. Department of Labor suit alleging it denied workers their full wages, according to court documents.

  • July 15, 2024

    Wage Cases To Follow As Justices Rein In Agencies

    A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Chevron Irrelevant To Tipped Worker Rule, DOL Tells 5th Circ.

    The U.S. Department of Labor told the Fifth Circuit that it need not consider the U.S. Supreme Court's recent decision scrapping Chevron deference in a lawsuit restaurant groups filed combating a rule affecting tipped workers, saying it has no impact on the case.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Expect NCAA To Dig In Heels On Employee Status After Ruling

    Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.

Expert Analysis

  • 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.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.