The U.S. Department of Labor's independent contractor rule, which is finally in effect after a Texas federal judge threw out the agency's earlier iteration under President Joe Biden, remains under threat in the courts and in Congress. Here, Law360 reviews five efforts to sink the rule.
Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.
A days-old Ninth Circuit decision underscores that pumping fuel into airplanes is directly related to interstate commerce, a fuel pumper told the appeals court in a separate case, urging it to keep his wage and hour suit out of arbitration.
Previous
Next
The U.S. Department of Labor's independent contractor rule, which is finally in effect after a Texas federal judge threw out the agency's earlier iteration under President Joe Biden, remains under threat in the courts and in Congress. Here, Law360 reviews five efforts to sink the rule.
Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.
A days-old Ninth Circuit decision underscores that pumping fuel into airplanes is directly related to interstate commerce, a fuel pumper told the appeals court in a separate case, urging it to keep his wage and hour suit out of arbitration.
-
March 18, 2024
A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.
-
March 18, 2024
A group of drivers told a Utah federal court Monday they've settled their suit accusing DHL and its direct courier services of not paying overtime, saying they reached a deal in conjunction with a related suit in another district court.
-
March 18, 2024
The Eleventh Circuit upheld a jury decision finding that a cattle ranch denied a carpenter overtime because he was misclassified as an independent contractor and that the carpenter was responsible for the ranch's counterclaim that he falsely inflated the number of hours he worked.
-
March 18, 2024
The U.S. Supreme Court said Monday that it won't weigh in on whether a Georgia sheriff acted as an employer and qualifies for immunity from an overtime suit brought by two detention officers, rejecting the officers' bid for review of an Eleventh Circuit decision tossing their case.
-
March 18, 2024
A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.
-
March 18, 2024
New York federal courts are confronting a choice of whether to greenlight lawsuits alleging workers haven't been paid weekly, as state law requires for those who perform manual work, now that a split regarding such cases' viability has arisen in state appeals courts. Here, Law360 explores four cases where federal courts have picked a side amid the split in authority.
-
March 18, 2024
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
-
March 18, 2024
A California federal judge sent a proposed wage and hour class action against a Texas Roadhouse franchisee back to state court, ruling the restaurant chain operator couldn't prove the claims against it were worth over $5 million.
-
March 18, 2024
A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.
-
March 15, 2024
A California federal judge Friday rejected a renewed bid by trucking groups to block enforcement of Assembly Bill 5, which presumes most workers are employees with few exceptions, saying any tinkering of "perceived deficiencies" is "better left to the soap box and the ballot box."
-
March 15, 2024
A truck cleaner was rightfully found to be an independent contractor without rights to overtime compensation, an Ohio state appeals court ruled, applying a state worker classification test to find that he performed his work free from direct and exacting supervision.
-
March 15, 2024
A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.
-
March 15, 2024
A former handyman and building super can't keep up his overtime pay or age and disability discrimination claims against a Bronx homeowners' association, with a New York federal judge holding that the worker already brought and settled those claims.
-
March 15, 2024
Virginia Gov. Glenn Youngkin vetoed a bill that would have barred employers from asking about a job applicant's salary history and required pay to be detailed in job listings, saying the measure would have been too burdensome on the state's small businesses.
-
March 15, 2024
General Electric Co. told a Kansas federal court it has reached a deal to resolve a federal benefits lawsuit from two former wind farm workers who alleged they were shortchanged on severance, a settlement coming after the energy giant lost a motion to dismiss the case in December.
-
March 15, 2024
Business associations suing to block New Jersey's new temporary worker protection law alerted the Third Circuit to a recent Illinois federal court decision holding that federal retirement law supersedes a similar law in Illinois, urging the appellate court to follow suit.
-
March 15, 2024
Boston federal prosecutors have recommended nearly 6 years in prison for a former Massachusetts trooper who they say is the living embodiment of police misconduct in light of his trial convictions for stealing overtime pay, lying on his taxes and cheating to get student financial aid for his son.
-
March 15, 2024
The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.
-
March 15, 2024
The Second Circuit this week will consider whether to revive suits brought by two former Buffalo Public Schools administrators who say they were improperly fired from their positions for allegedly failing to secure a required certification. Here, Law360 explores these cases on the docket in New York.
-
March 15, 2024
Alston & Bird LLP and its former diversity and inclusion administrator have presented their proposed $55,000 settlement in Georgia federal court concerning unpaid overtime claims, after a judge ordered them to appear in court to explain why they hadn't already filed one.
-
March 15, 2024
Amazon told the Second Circuit that the security screenings employees underwent after their shifts were over aren't work and should be compensated as such, urging the panel to keep a Connecticut federal court's ruling in its favor.
-
March 15, 2024
In the coming week, attorneys should watch for oral arguments before the full Ninth Circuit in a case by Uber, Postmates and two drivers challenging California's worker classification law. Here's a look at that case and other labor and employment matters coming up in the state.
-
March 15, 2024
An Ohio federal judge preliminarily certified a collective of food distribution workers on claims that they had to perform work before clocking in and during breaks without pay, saying they proved that the company's policies were applied universally.
-
March 14, 2024
Phillips 66 Co. and certified classes of San Francisco and Los Angeles refinery workers fought before a California federal judge Thursday, with each side seeking a win on the workers' wage claims in a $46.5 million dispute over the energy giant's meal-break and time-rounding policies.
-
March 14, 2024
The state of North Carolina has asked a state appeals court to uphold a state agency's determination that a Department of Health and Human Services employee was not unlawfully demoted, arguing that the facts indicate that the worker was merely reassigned.