Wage & Hour

  • April 01, 2024

    SmartRent Workers Get Class Cert. In Unpaid OT Row

    A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.

  • April 01, 2024

    FedEx Driver Collective In OT Suit Disbanded By Judge

    FedEx won its bid to decertify a collective of hundreds of drivers alleging they were illegally deprived of overtime wages, as a Massachusetts federal judge found that the workers were subject to different pay practices and thus did not have enough in common to proceed as a group.

  • April 01, 2024

    Gig Cos. Are Fighting Back Against City Wage Requirements

    As cities add minimum wages for gig workers, gig companies have been responding by altering or threatening to remove their platforms, responses that worker advocates call "retaliation" while management-side attorneys say make sense but risk liability.

  • April 01, 2024

    HP's $18M Age Bias Deal Gets Final Approval​​​​

    A California federal judge placed the final stamp of approval on an $18 million settlement that ends an age discrimination suit alleging tech company HP Inc. unlawfully pushed out hundreds of older workers under the guise of a workforce reduction plan.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Drivers Slam Eve-Of-Trial Arbitration Bid In OT Class Action

    A group of chauffeurs slammed its employer's bid to compel arbitration of unpaid wage claims less than three weeks before the claims are scheduled to go to trial, calling the motion a frivolous, eleventh-hour effort to disrupt trial preparation.

  • March 29, 2024

    Think Tank Says DOL Entitled To Revise OT Exemption Level

    The U.S. Department of Labor doesn't need direct congressional authorization to raise the minimum salary threshold for overtime exemption because such a policy change is neither unprecedented nor economically impactful, a progressive think tank told the Fifth Circuit.

  • March 29, 2024

    Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment

    An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.

  • March 29, 2024

    Gas Worker Is OT Exempt Because 6-Figure Pay Was A Salary

    Employees working on a gas loading facility earning six-figure paychecks are exempt from overtime requirements under federal law because their pay was calculated on a salary basis, a Tennessee federal judge ruled.

  • March 29, 2024

    AT&T Call Center Workers Lose Cert. Bid in OT Suit, For Now

    Call center workers looking to hold AT&T liable for failing to pay them overtime wages were denied collective certification, with an Illinois federal judge ruling they needed to propose a narrower group definition because there was not enough evidence to support a nationwide collective.

  • March 29, 2024

    Fiat Chrysler Can't Get Out Of Workers' Overtime Suit

    Fiat Chrysler must face a proposed collective action by workers accusing the automaker of failing to fully pay overtime wages, with a Michigan federal judge saying Friday that the company's argument improperly attacked the claims' merits rather than whether there was enough proof to keep them in court.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 29, 2024

    Grimaldi's Charges Show Embrace Of Wage Theft Prosecution

    The indictment of the owner and a manager at famed New York City pizzeria Grimaldi's on charges of stealing wages represents a warning to employers and shows a growing recognition that criminal prosecution is an important tool against wage theft, experts say.

  • March 29, 2024

    Virginia Governor Vetoes $15 Minimum Wage Bill

    Virginia Gov. Glenn Youngkin vetoed a bill that would have raised the hourly minimum wage in the state to $15 by 2026, saying it would have jeopardized market freedom and would have been a burden on small businesses.

  • March 29, 2024

    5th Circ. Won't Revive La. Delivery Drivers' OT Suit

    Three Louisiana-based Flowers Foods delivery drivers fit an exemption in federal wage law for workers engaged in interstate commerce "any way you slice it," the Fifth Circuit found as it upheld the dismissal of their overtime lawsuit.

  • March 28, 2024

    Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit

    A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.

  • March 28, 2024

    Delivery Co. Says FAA-Mandated Stay Can Mean Dismissal

    A courier company told the U.S. Supreme Court that statutory language compelling courts to stay arbitration-bound cases does not preclude dismissal of those cases, arguing that a strict reading of the word "stay" would improperly strip courts of their discretion to manage their dockets.

  • March 28, 2024

    Mortgage Co. Misclassified Workers As OT-Exempt, Suit Says

    A Michigan mortgage company has not been paying its loan officers, processors, partners and lead generators overtime premiums for the hours they worked over 40 or all their wages earned, two former employees claimed in a proposed collective action filed in federal court.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit

    A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.

  • March 28, 2024

    9th Circ. Affirms Sirius Isn't Liable For Unheard-Of Expenses

    The Ninth Circuit ruled Thursday that a former Sirius XM employee cannot hold the radio company and its streaming service Pandora liable for unpaid expenses they were unaware of, backing a California federal court's decision handing the companies a pretrial win in the worker's proposed class action.

  • March 28, 2024

    NY Racetrack To Pay $850K To End Reclassification Suit

    A racetrack and casino will pay $850,000 to a class of casino dealers who allege they were wrongly reclassified as hospitality workers and paid lower hourly rates, as a New York federal judge granted final approval to a settlement to their wage dispute.

  • March 28, 2024

    As Calif. Fast-Food Wages Rise, Carveouts Bring Concerns

    Days before a $20 hourly minimum wage for California fast-food workers takes effect, a last-minute law containing exemptions brings relief but also concerns to employers, attorneys said. Here, Law360 explores A.B. 610.

  • March 28, 2024

    Amazon Tells 9th Circ. Arbitration Act Doesn't Cover LLCs

    Amazon called the Ninth Circuit's attention to a Sixth Circuit ruling holding that federal arbitration law's exemption for transportation workers does not apply to companies that perform transportation work, saying the circuit should follow suit and send a worker's wage suit against Amazon into arbitration.

Expert Analysis

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • History Supports 2nd Circ. View Of FAA Transport Exemption

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    In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Calif. Independent Contractor Lessons From Grubhub Suit

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    California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Staffing Company Considerations Amid PAGA Uncertainty

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    The impending California Supreme Court decision in Adolph v. Uber is expected to affect staffing companies, specifically how the proliferation of nonindividual Private Attorneys General Act claims are handled when the individual claim is compelled to arbitration, say Sarah Kroll-Rosenbaum and Harrison Thorne at Akerman.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

  • How Unions Could Stem Possible Wave Of Calif. PAGA Claims

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    Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.