Wage & Hour

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    6 Breyer Opinions & Dissents Employment Attys Should Know

    Justice Stephen Breyer announced Thursday that he will retire from the U.S. Supreme Court after more than 27 years, leaving behind a legal legacy that includes notable decisions on labor and employment law.

  • January 27, 2022

    NY Spa Resort Stiffed Servers On OT And Tips, Suit Says

    A New York-based luxury hotel chain deprived some of its workers of overtime while also illegally taking deductions from their tipped wages, a former hotel server and supervisor said Thursday in a proposed collective action.

  • January 27, 2022

    Outdoor Guide Cos. Ask 10th Circ. To Rethink DOL Wage Rule

    Outdoor guide companies have appealed to the Tenth Circuit a ruling denying their bid for a preliminary injunction against a U.S. Department of Labor rule raising the guiding industry's minimum wage to $15 per hour, saying the rule goes against how the industry operates.

  • January 27, 2022

    Labor Must Face Trimmed H-2B Wage Rule Challenge

    A D.C. federal judge nixed claims in a lawsuit brought by Louisiana crawfish peelers who say the H-2B guest worker program is driving down their pay by allowing employers to submit their own prevailing wage data rather than using figures from the Bureau of Labor Statistics.

  • January 27, 2022

    Staffing Co. Says No Expert Needed On Strike-Breakers' Risks

    Counsel for a temp agency said a labor expert's opinion wasn't necessary to drive home the dangers its workers faced crossing picket lines at a Pennsylvania steel mill, and asked a federal judge Thursday to exclude her testimony from a lawsuit over whether the temps should have been paid while being shuttled past the workers they were replacing.

  • January 27, 2022

    Working Parents Burdened By Pandemic School Closures

    As the omicron COVID-19 variant moves through different parts of the country, classroom closures have disrupted the working lives of teachers and school staff as well as parents and caregivers who have to scramble to find child care.

  • January 27, 2022

    Grubhub Driver Says He Is An Employee Under Dynamex

    A former Grubhub driver asked a California federal court to rule that he was the company's employee under the Dynamex three-prong test, which the Ninth Circuit recently said retroactively applies to his case alleging he was misclassified as an independent contractor and denied certain benefits.

  • January 27, 2022

    Salary Question Keeps Rehab Center OT Suit Alive

    An Ohio federal judge turned down a rehab center's request to toss an overtime lawsuit Thursday, ruling that a factual dispute over whether nurses were given a salary will keep the proposed class action alive.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Engineering Co. Violated Wage Laws, Worker Claims

    An engineering and technical services company was hit with a proposed class action in California federal court that accuses the government contractor of violating labor laws by withholding minimum and overtime wage payments and not providing rest periods.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    NJ Nursing Home Legally Axed Workers' COVID-19 Bonus

    An NLRB judge ruled Wednesday that a New Jersey nursing home was allowed to walk back its pandemic-era decision to up workers' hourly pay, classifying the increase as a "COVID-19 bonus" that the employer could rescind without a union's input.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Ex-Oil Well Worker Reaches Deal In Long-Running OT Case

    An ex-oil well worker and his former employer asked an Alaska federal judge Wednesday to greenlight a confidential settlement that would resolve a long-running overtime lawsuit that at one point reached the state's supreme court.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Let Plaintiffs Outside Pa. Into FedEx Wage Suit, 3rd Circ. Told

    Former FedEx security specialists urged the Third Circuit to undo a Pennsylvania federal court's exclusion of claims by out-of-state plaintiffs in a collective wage action alleging overtime pay violations, arguing Wednesday that the ruling undermines the streamlined litigation mechanism of federal labor law.

  • January 26, 2022

    Federal Worker Wage Hike Could Squeeze Private Employers

    Private sector employers could feel compelled to raise wages to stay competitive after the federal government said it will begin paying its employees at least $15 an hour, attorneys said. Here, Law360 explores how the federal employee wage hike could affect employers outside of government.

  • January 26, 2022

    Colo. Marijuana Security Workers End Yearslong OT Dispute

    Helix TCS security guards agreed Wednesday to dismiss their lawsuit in Colorado federal court alleging the marijuana security firm failed to pay them overtime, ending the 5-year-old suit that took a trip to the U.S. Supreme Court.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Oilfield Workers' OT Settlement Gets Green Light

    A Texas federal judge approved a settlement agreement brokered between a group of oilfield workers and their employer, resolving a class action that accused the oil drilling company of erroneously calculating the workers' overtime pay.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Party City Flouted NY Weekly Pay Rules, Ex-Worker Says

    A former Party City employee hit the company with a proposed class action Tuesday alleging he and other manual laborers in New York were not paid weekly in violation of state law.

Expert Analysis

  • Calif. Employers' 2022 Minimum Wage Compliance Checklist

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    California’s minimum wage increased earlier this year, so employers in the state should review areas of potential liability to ensure compliance with the new requirements, from commission exemptions to collective bargaining agreements, says Michael Nader at Ogletree.

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Employer Timekeeping, Payroll Lessons After Kronos Hack

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    In light of the recent ransomware attack on workforce management platform Kronos and the ongoing threat of similar breaches, employers must proactively plan for catastrophic outages of timekeeping and payroll systems to ensure continued compliance and minimize business disruptions, say Bridget Blinn-Spears and Christy Rogers at Nexsen Pruet.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Joint Employer Lessons From Mass. Contractor Test Ruling

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    The Massachusetts high court’s recent decision in Jinks v. Credico narrows the scope of joint employment by adopting the Fair Labor Standards Act multifactor test in lieu of state law standards, representing rare relief for employers and guiding businesses on how to minimize liability in structuring relationships with subcontractors and vendors, say attorneys at Cooley.

  • Contractor Classification Battle Unlikely To Cool Off In 2022

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    Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

  • Getting Ahead Of Manual Worker Pay Frequency Claims In NY

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    As cases interpreting and challenging a New York appellate court’s 2019 pay frequency ruling in Vega v. CM & Associates work their way through the courts, employers of manual workers should consider steps to mitigate the risk of liquidated damages claims for late-issued paychecks, say Kelly Cardin and Jessica Schild at Ogletree.

  • What 2021's Top PAGA Rulings Mean For Calif. Employers

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    Michael Nader at Ogletree discusses how this year’s most significant Private Attorneys General Act decisions from California appellate courts will likely facilitate an upward litigation trend in 2022, even though one particularly important ruling authorized courts to better handle and even dismiss unmanageable PAGA claims.