Wage & Hour

  • June 29, 2022

    Baker Donelson Adds Atty To Labor And Employment Group

    Baker Donelson Bearman Caldwell & Berkowitz PC added a new counsel to its labor and employment practice group who said the firm's work-life balance approach helped her make the move.

  • June 29, 2022

    Call Center Reps Stiffed On Pre- And Post-Shift Pay, Suit Says

    Call center employees for a human resources tech company spent up to 15 minutes per day on unpaid work logging in and out of their computers, an unlawful practice their employer did nothing to correct, according to a proposed class and collective action filed in Texas federal court.

  • June 29, 2022

    Wage-Hour Attorneys 2022 Midyear Predictions

    A new independent contractor rule, a circuit split that's reshaping where plaintiffs file collective actions, and renewed focus on state laws are a few of the transformations that wage and hour practitioners can expect to see in the second half of 2022. To chart the upcoming months, Law360 spoke with attorneys about what they'll be watching.

  • June 29, 2022

    Auto Shop Owes Workers $47K In Back Wages, DOL Says

    An auto body shop in Utah owes employees more than $47,000 in unpaid overtime wages, according to the U.S. Department of Labor.

  • June 29, 2022

    Air Conditioning Co. Owes Workers $62K In Unpaid OT

    An air conditioning contractor in Texas is on the hook for nearly $62,000 in unpaid overtime wages, according to the U.S. Department of Labor.

  • June 28, 2022

    US Bank, Asst. Managers Ink Deal To End OT Suit

    U.S. Bancorp and a collective of branch assistant managers have reached a settlement to claims that the bank forced workers to perform off-the-clock work without pay, the parties told a Washington federal court on Tuesday.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    Security System Co. Hit With Pay Practice Sex Bias Suit

    A company that produces and sells surveillance and security systems favored male sales workers over women and illegally fired a female employee who stood up for herself, according to a lawsuit filed in Georgia federal court.

  • June 28, 2022

    Objector Says $8.4M Uber Misclassification Deal Needs Work

    An objector raised concerns about the contents of an $8.4 million settlement that aims to shutter an Uber driver misclassification suit, arguing that the court should revisit the deal's release terms, its claim valuations and payout methods that burden the class.

  • June 28, 2022

    $775K Calif. Solar Project Wage Deal Gets Final OK

    California federal judge gave her final blessing to a $775,000 settlement for claims workers were denied meal breaks and were underpaid for time spent traveling to and from work sites at a solar energy project.

  • June 28, 2022

    Pot Retailer Hit With Overtime Suit

    A marijuana retailer violated the Fair Labor Standards Act by failing to pay an employee overtime for tasks like responding to work inquiries after hours, the worker said in a lawsuit filed in Florida federal court.

  • June 28, 2022

    Sandwich Chain Fined $24K For Child Labor Violations

    A sandwich chain with more than 2,000 locations nationwide must pay out more than $24,000 for violating child labor laws, the U.S. Department of Labor said Tuesday.

  • June 28, 2022

    Cabot Worker Says Merger Should've Triggered Stock Award

    An employee of the former Cabot Oil & Gas Corp. claimed in a lawsuit that the company's 2021 tie-up with Cimarex Energy Co. should have triggered "change-in-control" clauses in a pair of incentive agreements and awarded him 6,100 shares of company stock, according to a complaint filed in Pennsylvania state court.

  • June 28, 2022

    Benefits Firm, Consultant Reach Deal To End Equal Pay Suit

    An employee benefits firm and a former consultant have agreed to settle a sex discrimination lawsuit accusing the business of withholding over $220,000 from the female consultant while it paid male workers in full, according to a filing in Georgia federal court.

  • June 28, 2022

    Health Care Co. Hit With Meal Break Pay Suit By Food Workers

    A health care service provider denied food workers overtime by automatically deducting meal periods from their paychecks regardless of whether they took the time off, an employee said in a proposed collective action in Tennessee federal court.

  • June 27, 2022

    Investigators Not FLSA Exempt In OT Suit, 11th Circ. Says

    Investigators who examined damaged telecommunications infrastructure did not have sufficient control over their business operations to be considered overtime-exempt administrative employees, the Eleventh Circuit held Monday.

  • June 27, 2022

    Full Fed. Circ. To Hear Prison Workers' Hazard Pay Challenge

    The Federal Circuit initiated a full court review of an appeal brought by a group of Federal Bureau of Prisons employees who say a lower court's order denying hazard pay to workers subjected to COVID-19 on the job should be overturned, according to an order issued Monday.

  • June 27, 2022

    No-Poach Case Nears Plea In Would-Be 1st DOJ Win

    A health care staffing company and its former regional manager indicated Friday that they were nearing a Nevada federal court plea deal for allegedly scheming to suppress wages for Las Vegas school nurses, a resolution that would be the U.S. Department of Justice's first successful criminal prosecution of labor-side antitrust violations.

  • June 27, 2022

    Workers Tell 4th Circ. Volvo Needed Their OK For Deductions

    Volvo was not authorized to deduct money from its employees' paychecks to offset overpayments without their authorization, a group of workers said Monday, asking the Fourth Circuit to overturn a Maryland district court's decision in favor of the car manufacturer.

  • June 27, 2022

    Wells Fargo Wants Wealth Advisers' OT Action Decertified

    Wells Fargo Clearing Services LLC asked a Missouri federal court to decertify a nationwide collective of wealth advisers who say they were compelled to perform off-clock work without adequate pay, arguing that there was no evidence that claims arose out of single, company-wide policy to restrict overtime.

  • June 27, 2022

    Freight Co. And Driver Settle Rest-Time Wage Dispute

    A trucking company and a former driver reached a deal to settle a lawsuit alleging the company failed to pay workers for all the hours they were required to spend on the road, including sleep and rest time, according to a notice filed in Washington federal court.

  • June 27, 2022

    Judge Backs 1199SEIU's $30M Arb. Award For Wages Dispute

    A New York federal judge granted the Service Employees International Union's bid to confirm a $30 million arbitration award creating a wage fund for underpaid staff members, saying that the award is reasonable and rejecting 13 former union members' arguments to vacate it.

  • June 27, 2022

    Fla. Tex-Mex Spots Served With Tip Notice, OT Wage Suit

    A pair of Tex-Mex restaurants in Jacksonville, Florida, illegally applied tip credits to workers' wages without warning and pilfered those tips for themselves, a worker said in a proposed class and collective action.

  • June 27, 2022

    Trucking Co. Illegally Pocketed Gas Fees, Drivers Say

    A trucking company defrauded workers by paying drivers only half of what they charged customers for gas reimbursements and pocketing the rest, according to a proposed class action filed in Iowa federal court.

  • June 27, 2022

    Justices Vacate, Remand PAGA Rulings In Light Of Viking

    The U.S. Supreme Court vacated and remanded on Monday several petitions centering on whether federal arbitration requirements bar workers' claims under a California law enabling them to sue on behalf of the state, citing the justices' recent Viking River Cruises decision. 

Expert Analysis

  • NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • How Day-Of-Rest Law Changes May Affect Ill. Employers

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    Recent amendments to Illinois' One Day Rest in Seven Act change meal break calculations and increase penalties for violations, so employers should review their meal, break and day of rest policies and consider conservative precautions to avoid accidental violations or litigation, says Darren Mungerson at Littler.

  • Understanding Georgia's New Worker Classification Law

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    A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

  • Justices' PAGA Ruling May Be Employer Win — With Caveats

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    The U.S. Supreme Court’s recent decision in Viking River Cruises v. Moriana, holding that federal law partially preempts California's Private Attorneys General Act, may help employers send individual claims to arbitration, but key questions remain regarding statutory standing and the potential impact of another state law, says Joshua Henderson at Norton Rose.

  • Employers Must Think 3 Moves Ahead In Their Bid For Talent

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    Employers offering ever-increasing incentives to combat today’s labor shortage must not be nearsighted about tomorrow’s risk of recession, and should instead ask themselves three key questions about historical demand and future technology, say Adam Santucci and Langdon Ramsburg at McNees Wallace.

  • Supreme Court Should Review Flight Break Mandate

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    Despite government pushback, the U.S. Supreme Court should review Virgin America v. Bernstein, a Ninth Circuit decision that would require meal and rest breaks for flight attendants, as federal law and California regulations are in clear conflict and threaten to disrupt national air transportation, says Patricia Vercelli at Airlines for America.

  • Parsing The Impact Of White Collar FLSA Exemption Proposal

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    The Congressional Progressive Caucus recently proposed to increase the salary threshold at which a white collar worker isn't eligible for overtime pay under the Fair Labor Standards Act, which would force reclassification of millions as hourly employees — especially in low-wage states — and would likely raise compliance costs for businesses, says Stephen Bronars at Edgeworth Economics.

  • Preparing For NYC's New Pay Transparency Law

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    Recent guidance postponing implementation of New York City’s Pay Transparency Law to Nov. 1 failed to clarify employers' obligation to act in good faith when advertising what they are willing to pay, so employers may want to devote resources to up-front evaluations of salary ranges, say John Litchfield and Paul King at Foley & Lardner.

  • FAA Ruling Raises Fresh Questions On Transportation Work

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    In Bissonnette v. LePage Bakeries, the Second Circuit's narrow view of the Federal Arbitration Act's transportation worker exemption leaves some ambiguity for delivery workers in the gig economy, which the U.S. Supreme Court will likely address in a future circuit split, says Jeff Shooman at FordHarrison.

  • Calif. Premium Pay Ruling May Raise Employer Liability Risks

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    After the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, holding that premium pay for missed meal and rest breaks constitutes wages that must be reported on pay stubs, employers should revisit their meal and rest period policies to avoid a potential windfall of liability, say Jeremy Mittman and Gabriel Hemphill at Mitchell Silberberg.

  • Will Calif. High Court Take On PAGA Unmanageability?

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    Two diverging California state appeals court decisions — Wesson v. Staples and Estrada v. Royalty Carpet Mills — have set the stage for the California Supreme Court to determine the scope of trial court authority to dismiss Private Attorneys General Act claims on manageability grounds, but the burden may fall on trial courts if the high court denies review, say Harrison Thorne and Lowell Ritter at Sheppard Mullin.

  • Mass. Ruling Reduces Employers' Overtime Exposure Risks

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    A Massachusetts court's recent decision in Devaney v. Zucchini Gold, holding that employees whose overtime claims rest solely on the Fair Labor Standards Act cannot recover greater remedies under state law, reduces liability for employers in the state, and guides on overtime calculations and record-keeping duties, say attorneys at Morgan Lewis.

  • Calif. 4-Day Workweek Proposal Would Fuel Employer Exodus

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    California's proposal to truncate the workweek would result in significant increases in employer costs and reduced hours for hourly employees, and would encourage companies to leave for other states, so lawmakers should instead reform the state's rigid wage and hour laws for greater work schedule flexibility, say Julia Trankiem and Timothy Kim at Hunton.