Wage & Hour

  • July 23, 2021

    $13.5M Deal Ends Amazon Wage MDL That Went To High Court

    A Kentucky federal judge granted final approval Thursday to a $13.5 million settlement resolving multidistrict claims that over 42,000 Amazon.com warehouse workers weren't compensated for time spent in mandatory security checks, ending an 11-year fight that made its way to the U.S. Supreme Court.

  • July 23, 2021

    Calif. Hospital Loses Bid To Block Virus Hazard Pay Law

    A California federal judge declined Friday to block Culver City from implementing an ordinance requiring hazard pay for hospital employees for a period during the COVID-19 pandemic, saying the hospital challenging the ordinance has a weak case.

  • July 23, 2021

    Schlumberger Asks For Early Win After Justices' Wage Ruling

    Schlumberger Technology Corp. said it deserves an early win against a former worker's overtime claims after an Alaska federal judge agreed to reconsider a ruling in favor of the worker, arguing in a filing that the ruling didn't hold up under new state Supreme Court precedent.

  • July 23, 2021

    Towing Co. Fired Driver After Cheating Him On OT, Suit Says

    A former employee for a Florida towing company accused the company of effectively paying him and other drivers $2.50 per hour because it failed to pay them overtime and firing him after he complained, according to a suit filed Friday in federal court.

  • July 23, 2021

    Justices Urged Not To Give Courts Power Over Certain Awards

    Former financial adviser Denise Badgerow urged the U.S. Supreme Court to find that federal courts do not have the power to confirm or deny arbitral decisions when the only jurisdictional tie is that the arbitration dealt with federal laws.

  • July 23, 2021

    US Soccer Flouts 'Equal Pay For Equal Work,' 9th Circ. Told

    Members of the U.S. women's national soccer team told the Ninth Circuit on Friday they had to far outperform male players in order to earn the same amount, kicking off a closely watched equal-pay appeal that one expert said raises novel legal issues.

  • July 23, 2021

    3 Tips For Acing Wage And Hour Depositions

    Depositions often provide essential testimony that can make or break a wage and hour case. Here, Law360 shares some best practices that attorneys can use to ferret out important information and get clients ready for a pivotal step in the litigation process.

  • July 23, 2021

    Golf Course Workers Denied FLSA 'Volunteer' Suit For Now

    Golf course workers temporarily lost their chance to pursue claims that Palm Beach County, Florida, misclassified them as volunteers, after a federal judge found they didn't provide enough evidence that they were employees but gave them a chance to amend their complaint.

  • July 23, 2021

    NYC Settles With Fire Dept. Vehicle Workers Over OT Claims

    New York City will pay about $430,000 to four fire department vehicle operators to resolve claims the city shorted them on overtime compensation stemming from unpaid work before shifts and during breaks, after a federal magistrate judge approved the settlement.

  • July 23, 2021

    Geico Sued By Auto Adjusters Over Off-The-Clock Work

    Geico's daily quotas for auto claims adjusters pressured them to work before and after shifts and during breaks without compensation, resulting in unpaid overtime, a proposed class and collective of workers alleged in a lawsuit in New York federal court.

  • July 22, 2021

    Migrant Workers Sue Hemp Farm For Wages, Unsafe Housing

    A group of migrant workers has accused three Oregon hemp companies and their manager of a host of abuses, including failing to complete required employment forms for them, withholding wages and requiring them to live in unsafe agricultural labor housing.

  • July 22, 2021

    Beer Co. Driver Seeks To Revive OT Claims In Wage Class Suit

    A driver for a New York-based beer distributor urged a federal judge to reconsider a decision to dismiss overtime claims from his proposed class action alleging the company failed to pay proper wages, saying that a recent ruling in the Second Circuit would allow him to revive the claims.

  • July 22, 2021

    Restaurateur Stephen Starr Can't Escape Wage Suit

    Stephen Starr, the restaurateur behind dozens of eateries in New York City and elsewhere, can't escape a proposed class action alleging unpaid wages stemming from tip credit violations, a federal judge ruled, saying a former server presented enough evidence that Starr counts as an employer.

  • July 22, 2021

    Households As Employers: A Look At Domestic Worker Rights

    Ten states and two cities have passed a domestic worker bill of rights extending employment protections to caregivers, cleaners and the like, which means more households are turning into employers. Here, Law360 explores how these laws are transforming the wage and hour landscape.

  • July 22, 2021

    $15 Min. Wage Rule For Contractors Could Have Wider Impact

    The U.S. Department of Labor's proposed rule that would raise the minimum wage for employees of companies that hold federal contracts may nudge those businesses to boost pay throughout their workforces, experts told Law360.

  • July 22, 2021

    Health Workers Say They Were Cheated Out Of Meal Breaks

    Workers for Acadia Healthcare told a Tennessee federal court that the company cheated them out of pay by automatically deducting meal break time from their timesheets even though they worked through the breaks.

  • July 22, 2021

    Call Center Workers Win Cert. In Virus Screening Time Suit

    Call center workers claiming that a Maximus Inc. subsidiary paid improper overtime by making them respond to coronavirus health questions without pay can proceed as a conditional collective, a Florida federal judge ruled, saying the workers showed enough evidence they suffered from the same policy.

  • July 22, 2021

    Wood Group Unit Dodged OT Obligations, Welders Claim

    A John Wood Group PLC subsidiary failed to pay welders proper overtime by misclassifying "rig pay" as reimbursements that didn't have to be included in overtime calculations, a proposed class of workers said in Colorado federal court.

  • July 21, 2021

    Pa. Justices Say Workers' Security Screenings Compensable

    Amazon workers should be paid for time spent undergoing security checks because they are not a "mere trifle" and they constitute hours worked under Pennsylvania law, according to a split decision issued by the state Supreme Court on Wednesday.

  • July 21, 2021

    Legal Groups Urge 11th Circ. To Revisit Driver Arb. Ruling

    Two legal nonprofits urged the full Eleventh Circuit to review a panel ruling that drivers who don't cross state lines are not engaged in interstate commerce, saying that delivering goods that have moved between states is enough to exempt drivers from arbitration.

  • July 21, 2021

    Florida Security Co. Can't Escape DOL Wage Suit

    A U.S. Department of Labor complaint alleging a Florida-based private security company failed to pay security guards proper overtime and minimum wage is not a "shotgun pleading" worthy of dismissal, a federal judge ruled, saying the complaint contained sufficient information.

  • July 21, 2021

    Rite Aid And Workers Duel For Future Of Uniform Class Action

    Rite Aid is sparring in a California federal court with a class of 26,000 workers fighting for damages over the company's alleged policy of making employees purchase their own uniforms, with the sides arguing in opposing motions over whether the class's expert evidence should give the workers an early win or cost them their certification.

  • July 21, 2021

    Kaufman Borgeest Snags NY-Based Employment Vet

    Kaufman Borgeest & Ryan LLP added an experienced attorney with nearly three decades of experience working on a variety of employment litigation matters as a partner in its New York office, the firm announced.

  • July 21, 2021

    New Jersey Cases To Watch In 2021: A Midyear Report

    The New Jersey legal industry is poised to receive guidance on arbitration, discovery and litigation time limits as they apply to employment law thanks to cases that advanced during the first half of 2021, including a former state official's whistleblower lawsuit over COVID-19 testing and gender discrimination claims against Fox Rothschild LLP.

  • July 21, 2021

    Winston & Strawn Joins NCAA NIL Case After High Court Win

    Jeffrey Kessler, Winston & Strawn LLP's co-executive chair who recently argued college athletes' winning U.S. Supreme Court case against the NCAA, is again teaming up with Hagens Berman Sobol Shapiro LLP in ongoing class claims challenging the organization's name, image and likeness rules.

Expert Analysis

  • Next Steps For Employers After Calif. Break Premium Ruling

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    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • Tackling Timekeeping Issues In Hybrid Remote Work Models

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    Businesses that are deciding whether to continue hybrid or fully remote work arrangements post-pandemic will have to consider certain wage and hour issues that affect nonexempt employees — namely, how to adopt a streamlined and regimented time-tracking process, say Kevin Sullivan and Jeffrey Ruzal at Epstein Becker.

  • Colo. Equal Pay Law Is Raising Job Post Hurdles Nationwide

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    Because a compensation disclosure requirement in Colorado’s new equal pay law also applies to businesses outside of the state with potential to hire remote workers who reside there, employers may want to consider several options to avoid compromising their proprietary payment schemes or methodologies in job ads, says Jonathan Israel at Foley & Lardner.

  • FTC Should Take Nuanced Approach On Noncompete Regs

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    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • What Cartel Enforcement Under Biden's DOJ Might Look Like

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    While President Joe Biden did not mention cartel enforcement in his recent competition executive order and has yet to appoint a new leader for the U.S. Department of Justice's Antitrust Division, policies from previous administrations may provide insight on where enforcement initiatives are headed, say attorneys at Hunton.

  • How FTC Could Regulate Noncompetes After Biden's Order

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    If the Federal Trade Commission follows the noncompete guidelines in President Joe Biden’s recent executive order, federal regulation of such agreements will likely end up somewhere between tight restrictions and an outright ban, say attorneys at Mintz.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

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    Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

  • Old OT Rule Method Would Burden Cos. In Low-Wage States

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    If the current U.S. Department of Labor uses the Obama administration’s methodology to increase the salary threshold under which salaried workers can claim overtime, regional pay variations will be ignored and businesses in lower-wage states will face disproportionate costs and inconvenience, says Stephen Bronars at Edgeworth Economics.

  • Tip Payment Landscape Sows Confusion For Hospitality Cos.

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    A recent proposal from the U.S. Department of Labor that would limit employers' ability to pay a lower minimum wage to tip-earning workers, as well as a restaurant chain’s recent settlement concerning allegations related to tip pooling, shows how new and old labor rules may create confusion and hamper the hospitality industry’s recovery from the pandemic, say Heather Bailey and Sara Zorich at SmithAmundsen.

  • 10 Years Of Dukes

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    In Wal-Mart Stores v. Dukes, the U.S. Supreme Court in 2011 decertified a nationwide class of female Walmart workers who alleged pay and promotion bias under Title VII. In this Expert Analysis series, the attorneys who represented each side before the justices discuss the landmark decision's effect on the class action landscape.

  • 10 Years Of Dukes: A Resounding Class Certification Legacy

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    Gibson Dunn’s Theodore Boutrous and Theane Evangelis, who represented Walmart in Wal-Mart Stores v. Dukes, discuss how the U.S. Supreme Court’s 10-year-old class decertification decision has reverberated through a series of important high court rulings and ensured that class treatment is reserved for the right cases.

  • Employers Must Brace For PAGA-Like Bills Across US

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    As state legislatures across the U.S. consider bills modeled after California’s lucrative Private Attorneys General Act, employers should gear up for potential litigative burdens, work to mitigate liability risks and get involved in the legislative process, say attorneys at Greenberg Traurig.