Wage & Hour

  • October 15, 2021

    USPS Worker Was Not An Employee, Court Says

    A United States Postal Service worker was rightfully classified as an independent contractor, a judge in the U.S. Court of Federal Claims found, scrapping his wage lawsuit in its entirety.

  • October 15, 2021

    Cargill Meatpackers Seek Pay For COVID Screening Time

    Employees at a Cargill Meat Solutions Corp. meatpacking plant claim they should have been paid for extra time they spent being checked for COVID-19 symptoms before each shift and during their lunch breaks, according to a proposed class action filed in Pennsylvania state court.

  • October 15, 2021

    Atkinson Andelson Adds Public-Focused Employment Partner

    A labor and employment lawyer with litigation experience who specializes in representing public entities has joined California firm Atkinson Andelson Loya Ruud & Romo as a partner.

  • October 15, 2021

    Engineering Firm Workers Nab Collective Cert. In OT Row

    Workers for an engineering firm can pursue their claim as a collective in their suit alleging the company stiffed them on overtime, but it's premature to find whether the firm willfully violated federal law, a New York federal judge ruled.

  • October 15, 2021

    2nd Circ. Won't Revive Janitorial Workers' Franchise Fees Suit

    The Second Circuit won't reevaluate a split-panel ruling that found a class of workers performing janitorial services as franchisees couldn't pursue a Connecticut minimum wage law claim to recover deductions from their pay for various fees.

  • October 15, 2021

    Despite Biden's Brush-Off, DOL Opinion Letters Still Matter

    Although the U.S. Department of Labor has not issued wage and hour opinion letters under President Joe Biden, employers can still rely on older guidance documents to shape their pay practices and defend in litigation.

  • October 14, 2021

    Travel Agents Nab Collective Cert. In OT Suit

    A group of workers for a New York travel agency can pursue their claim as a collective in their suit alleging the company failed to pay them overtime, a federal judge ruled Thursday.

  • October 14, 2021

    No Fine Print: Service Fees, COVID Surcharges & Tipped Staff

    Banquet halls, restaurants and other hospitality businesses should ensure they are clear about who benefits from service fees, or the increasingly common COVID-19 surcharge, to avoid violating regulations for tipped staff, attorneys say.

  • October 14, 2021

    Pa. Panel Rejects Leave Compensation In Nurses' 18-Year Row

    A Pennsylvania hospital doesn't owe a class of former nurses compensation for vacation and personal leave benefits, the Pennsylvania Superior Court ruled, saying the hospital terminated the nurses before they earned the benefits and that a contrary lower court ruling was flawed.

  • October 14, 2021

    9th Circ. Says Call Center Workers Are Employees

    A federal law designating "direct sellers" as nonemployees doesn't allow employers to classify their workers as independent contractors, the Ninth Circuit ruled Thursday, denying a telemarketing business's bid to overturn a district court's ruling that it misclassified call center workers.

  • October 14, 2021

    NCAA Athletes Want Wage Class Cert., Notice To Thousands

    More than 200,000 college student-athletes could opt in to a federal lawsuit against the National Collegiate Athletic Association if a judge approves a request from the proposed lead plaintiffs for the first stage of certification and notice.

  • October 14, 2021

    Atty Fees Reduced In $3.9M Deal To End Loan Workers' OT Row

    Mortgage Lenders of America LLC will pay $1.4 million to counsel representing a collective of workers who accused the company of stiffing them of overtime, after a Kansas federal judge readjusted the fees award first proposed in the settlement.

  • October 14, 2021

    NYC Teacher Vax Rule Seems Likely To Pass 2nd Circ. Test

    A panel of Second Circuit judges appeared dubious on Thursday of claims that New York City's COVID-19 vaccine requirement for public school teachers violates the U.S. Constitution, signaling they're likely to back a Brooklyn federal judge's decision to let the mandate go forward.

  • October 13, 2021

    DOL Wage Chief Delay Raises Questions

    As President Joe Biden's pick to lead the U.S. Department of Labor's Wage and Hour Division awaits confirmation, attorneys and veterans of the role wonder about the fate of the nomination and what the lack of a Senate-confirmed leader means for enforcement.

  • October 13, 2021

    11th Circ. Axes Florida Worker's FLSA Win In OT Row

    Employers can include bonuses in a worker's pay without violating the fluctuating workweek method's requirement of having a fixed weekly salary, the Eleventh Circuit ruled Wednesday, granting a plastic company's bid to overturn a district court decision.

  • October 13, 2021

    Calif. AG Urges Justices To Deny AB 5 Preemption Review

    California's attorney general told the U.S. Supreme Court that the state's worker-friendly classification test doesn't impact the trucking industry, asking the high court to deny the California Trucking Association and two drivers' bid to review whether a federal law preempts state worker classification laws.

  • October 13, 2021

    3 Ideas Critical To Wage And Hour Class Settlements

    The close scrutiny courts give wage and hour class action settlements means lawyers should take care to draft agreements and motions for court approval that will survive judicial review, attorneys say. Here, Law360 offers three crucial tips to consider when crafting wage and hour settlements.

  • October 13, 2021

    Amazon Hit With £140M Worker Suit From Delivery Drivers

    A London law firm has launched a potential group claim on behalf of Amazon delivery drivers seeking upwards of £140 million ($190 million) in compensation in the wake of a landmark U.K. Supreme Court ruling that paved the way for gig economy workers to claim greater legal rights.

  • October 12, 2021

    CFPB Urged To Change Course On Earned-Wage Programs

    Nearly 100 organizations urged the Consumer Financial Protection Bureau Tuesday to revoke or overhaul its earlier actions on earned-wage access products, saying the decisions could be exploited to evade fair lending and payday loan laws.

  • October 12, 2021

    Time To Check In: Notable W&H Rulings In Aviation

    From undergoing airport security screenings to regularly working in multiple jurisdictions, airline industry workers face a host of unusual circumstances. Here, Law360 explores four recent decisions on paid sick leave, meal breaks and more, and what they mean for wage and hour litigation.

  • October 12, 2021

    Justices Won't Hear DoorDash's PAGA Arbitration Challenge

    The U.S. Supreme Court won't review whether claims brought under a California law enabling workers to sue on behalf of the state for labor violations can survive federal arbitration requirements, denying DoorDash Inc.'s petition in a wage-and-hour case, according to an order list issued Tuesday.

  • October 12, 2021

    10th Circ. Revives Workers' Preshift Wage Claims

    Even a small amount of time call center workers spent starting their computers is compensable, the Tenth Circuit ruled, finding that a student loan company isn't free from its legal obligation to pay them for the pre-shift work they performed.

  • October 12, 2021

    XPO Drivers Win $29.5M Deal In Misclassification Suits

    A California federal judge preliminarily approved nearly $30 million for two class actions claiming XPO Logistics misclassified nearly 800 current and former port drivers and failed to pay them minimum wages, the International Brotherhood of Teamsters announced Tuesday.

  • October 12, 2021

    Feds Float Nixing Preferential Contracts For Subminimum Pay

    The Biden administration has proposed ending preferential contracts with nonprofits that employ blind or seriously disabled workers if the nonprofits take advantage of a law allowing them to pay those employees less than the standard minimum wage.

  • October 12, 2021

    King & Spalding Snags Seyfarth Team For Corporate Practice

    Six former Seyfarth Shaw LLP attorneys who specialize in employment matters are moving to King & Spalding LLP's corporate, finance and investments practice in Chicago and New York, the firm said Tuesday.

Expert Analysis

  • Wage And Hour Notifications Under New Calif. Email Law

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    To address the shift to remote work, a new California law authorizes employers to email required wage and hour notifications to employees, providing an opportunity for businesses to reaffirm their policies and potentially shield against class action liability, says Michael Nader at Ogletree.

  • College Athlete Employee Status Would Raise Novel Issues

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    A recent declaration that the National Labor Relations Board's office of general counsel now considers certain college athletes employees, if formally adopted by the NLRB, could bring new questions for colleges and athletes on workers' compensation, unemployment insurance, tax liability and more, says Mike Ingersoll at Womble Bond.

  • Employers: Beware Tip Credit Violations Under New DOL Rule

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    The U.S. Department of Labor’s new regulation, which penalizes employers that improperly take worker tips, even for good faith or first-time offenses, means hospitality employers should reexamine their tip credit policies and prepare for increasingly assertive DOL enforcement, says William Pokorny at Franczek.

  • 5th Circ. OT Ruling Widens Path For Employer FLSA Liability

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    The Fifth Circuit’s recent decision in Hewitt v. Helix Energy, holding that a highly compensated oil rig worker qualified for overtime, throws certain Fair Labor Standards Act exemptions into flux and creates enormous liability potential for employers who have historically paid very high day rates, say Meghan McCaig and Peter Hall at Holland & Knight.

  • What 6th, 8th Circ. Rulings Mean For FLSA Collective Actions

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    The Sixth and Eighth Circuit’s recent Fair Labor Standards Act decisions in Canaday v. Anthem and Vallone v. CJS Solutions, respectively, extending the U.S. Supreme Court’s 2017 Bristol-Myers specific jurisdiction precedent, provide employers with powerful ammunition to limit the size and scope of wage and hour collective actions, say Charles Thompson and Ryan O'Connor at Greenberg Traurig.

  • Job App Compliance As State Fair Hiring Laws Proliferate

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    As more states and localities continue to pass fair hiring laws that bar employers from soliciting certain information from candidates at the prehire stage, businesses may need to eliminate employment application questions related to age, criminal history records, prior salary and more, say Carly Baratt and Nancy Popper at Epstein Becker.

  • PAGA Ruling Unlocks Manageability Defense For Employers

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    A California appellate court’s recent first-of-its-kind holding in Wesson v. Staples recognized that claim manageability issues can apply to Private Attorneys General Act cases, opening a path for employers to argue that individualized inquiries and other time-consuming elements make a case too burdensome, say Thomas Kaufman and Harrison Thorne at Sheppard Mullin.

  • How Calif. High Court Rulings Narrow Prevailing Wage Law

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    Two recent rulings by the California Supreme Court in Mendoza v. Fonseca McElroy Grinding and Busker v. Wabtec should come as good news to public works construction contractors, subcontractors and suppliers, as they clarify and limit the scope of the state’s prevailing wage law in several important ways, say Laurence Phillips and Tyler Paetkau at Procopio Cory.

  • What Forced Arbitration Ruling Means For Calif. Employers

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    As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

  • A Return-To-Work Refresher On Compensating Travel Time

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    With more workers heading back into the workplace and business trips beginning to make a comeback, employers should review the Fair Labor Standards Act, case law and U.S. Department of Labor guidance to ensure they are properly compensating for all travel time, including certain commuting scenarios, say Daniel Stern and Elizabeth Voss at Dykema.

  • Steps To Avoid Pandemic-Related Wage And Hour Claims

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    A Washington federal court’s recent ruling in Hesketh v. Total Renal Care shows how the COVID-19 pandemic has created new areas of potential wage and hour liabilities, but employers can avoid class actions by reviewing their policies on remote work, record-keeping, worker classification and more, says Kathleen Anderson at Barnes & Thornburg.

  • 3rd Circ. Ruling Shows Employer Risk In Unpaid Military Leave

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    The Third Circuit's recent decision in Travers v. FedEx — which mirrors the Seventh Circuit's broad interpretation of the Uniformed Services Employment and Reemployment Rights Act in White v. United Airlines — could proliferate litigation concerning whether employers must offer paid military leave if compensation is provided for comparable nonmilitary leaves, say Richard Rosenblatt and Jason Ranjo at Morgan Lewis.