The U.S. Department of Labor will challenge a Texas federal judge's decision ruling that President Joe Biden couldn't increase the minimum wage for federal contractors to $15 per hour, making it the third such case to land at an appeals court.
State attorneys general bringing actions against gig companies alleging wage and hour violations have recovered hundreds of millions of dollars and evaded the arbitration hurdle that often stymies workers' cases, though they have left open the larger question of worker classification. Here, Law360 explores these actions.
A group of 16 attorneys general told the U.S. Supreme Court that requiring courts to determine whether workers are exempt from the Federal Arbitration Act based on the industry they are in goes against Congress' intent.
A North Carolina federal judge barred Citrix from communicating with employees about a $5.9 million overtime settlement after the workers' counsel asked for a protective order, agreeing that Citrix's human resources "plainly violated" the terms of the deal when they held meetings to discuss its terms.
Workers who delivered baked goods for Flowers Foods and two subsidiaries told the U.S. Supreme Court that the companies' petition to the high court to review a First Circuit decision denying them arbitration should wait for a similar case.
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
A North Carolina-based lease management company and a former employee told a Texas federal court they had reached an agreement to end the worker's suit alleging the company failed to pay her overtime wages, asking the court to close the case.
McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.
The Ninth Circuit has upheld a lower court's decision denying a harbor towing company's bid to arbitrate a deck engineer's wage-and-hour suit, finding there to be no valid arbitration agreement covering the engineer's statutory wage claims without a "clear and unmistakable waiver of a judicial forum" for those claims.
Sparacino PLLC has agreed to stop contacting UFC contenders who are potential members of a proposed class in a Nevada federal lawsuit that accuses the organization of repressing wages and is already represented by a group of lawyers from several firms.
A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.
Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.
A Florida construction company and a group of workers asked a federal judge Monday to place a stamp of approval on a $550,000 settlement ending a collective action alleging that the company ducked its overtime pay obligations for workers in its electrical and fire divisions.
A former Kirkland & Ellis LLP associate accusing the firm of sex discrimination has urged a California federal court to disregard its motion to dismiss, arguing that Kirkland has been rehashing already-rejected arguments and improperly tacking on new ones.
The U.S. Department of Labor announced Monday that 13 construction subcontractors working on a federally assisted project in Wisconsin paid more than $1.2 million in wages and fines to 142 workers denied their full pay.
Workers for Duke Energy Corp. asked a Pennsylvania federal judge Monday to sign off on a deal ending a seven-year class action accusing the company of shorting them on overtime pay, saying the agreement is in their best interest.
Two law firms embroiled in a dispute over how to divide some $1.8 million in attorney fees from a successful class action against DuPont have agreed to settle their claims for a six-figure sum before trial.
Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.
Safety representatives at a compliance and consulting company for the oil and gas industry worked 90- to 100-hour weeks without overtime compensation and were instead paid a flat day rate, three former workers said in a proposed collective and class action filed in New Mexico federal court.
An appellate opinion may breathe new life into a case that a lower court dismissed, or throw out a decision with instructions to conduct a fresh analysis that adopts a new legal test. Here, Law360 reviews what happened in five minimum wage and overtime cases where an appellate ruling changed the course of the litigation.
New York state will guarantee freelance workers the right to written contracts specifying contracted services and promised compensation, full and timely payment and a private right to sue for damages, under legislation signed into law Wednesday by Gov. Kathy Hochul.
A Maryland federal judge handed a win to a Teamsters local in a back pay dispute with a transportation company Wednesday, ordering the company to pay $76,000 to a wrongfully fired mechanic in the Washington, D.C., area.
Kidney care giant DaVita Inc. is facing a new proposed collective action in Colorado federal court from hourly nurses and technicians who allege they were denied wages as a result of work performed during unpaid meal and rest breaks, this time encompassing workers in states not included in the conditional class certification in a similar case.
Connecticut asked a state trial court to toss a highway rest stop operator's series of special defenses in the state's case accusing it of failing to pay food service employees nearly $2.7 million in wages, arguing that the defenses are not legally recognized by state law.
Massachusetts Attorney General Andrea Campbell urged a superior court to reinstate two citations the office issued for more than $1.5 million against Family Dollar, saying that an administrative magistrate made a mistake when he tossed them.
EMTs employed by a company contracted with a retirement home are misclassified as independent contractors despite being full-time employees whom the company sent out to other medical facilities as needed, depriving them of overtime pay, an ex-worker alleged in a proposed class action in New Jersey federal court.
A Los Angeles judge on Tuesday denied a request from the developer of Pokemon Go to compel arbitration of some claims in a proposed gender bias class action and to strike all class claims, finding that the sexual harassment allegations are "intertwined" with the entire lawsuit and cannot be separated.
Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.