Wage & Hour

  • January 24, 2025

    Campbell's Unit Accused Of Failing To Pay For Off-Clock Work

    A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.

  • January 24, 2025

    Calif. Forecast: $3.6M Freight Co. Wage Deal Could Get OK'd

    In the next week, attorneys should watch for the potential final approval of a $3.6 million settlement in a wage and hour class action against a freight carrier. Here's a look at that case and other labor and employment matters on deck in California.

  • January 24, 2025

    Employment Group Of The Year: Shegerian & Associates

    Shegerian & Associates won two jury trials for an oncologist in her gender discrimination lawsuit and secured a $14 million award for a bank manager who was fired for taking leave to care for her critically ill husband, earning the firm a place among the 2024 Law360 Employment Groups of the Year.

  • January 24, 2025

    'Anora' Highlights Exotic Dancer Classification Debate

    The film "Anora," which has now received six Oscar nominations, including one for Best Picture, sheds light on wage and hour issues involving exotic dancers, who frequently bring claims stemming from their independent contractor classification. Here, Law360 explores the issue.

  • January 24, 2025

    NY Forecast: Judge Hears YouGov's Bid To Toss Bias Suit

    This week, a New York federal judge will consider YouGov's bid to toss a former executive's lawsuit claiming she was discriminated against because of her gender and ultimately forced to resign after she complained about her treatment.

  • January 24, 2025

    Communications Contractor Inks $190K Deal To End OT Suit

    A communications construction contractor will pay $190,000 to end a proposed class and collective action alleging it failed to pay field workers overtime wages for hours worked over 40 per week, according to a filing in Pennsylvania federal court Friday.

  • January 24, 2025

    Fifth Third, United Accused Of Using Prepaid Cards For Wages

    Fifth Third Bank and a slew of other companies, including United Airlines, compensated employees through prepaid cards that required workers to pay fees to get their wages, a worker said in a proposed class action filed in California state court.

  • January 24, 2025

    Circle K Fails To Pay For Travel Costs, Manager Says

    Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.

  • January 23, 2025

    Limits On Biden's Contracting Power Could Also Hinder Trump

    A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.

  • January 23, 2025

    Wash. Justices Back Workers' View On Moonlighting Law

    Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.

  • January 23, 2025

    Security Officers Say NYPD Pays Late For Off-Duty Work

    The New York Police Department pays officers months late for their time spent performing off-duty uniformed security work for participating businesses, according to a proposed class and collective action filed in New York federal court Thursday.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    SeaWorld Worker's Wage Suit To Stay In Calif. Federal Court

    A suit alleging SeaWorld didn't properly pay workers and failed to provide meal and rest periods will not move back to California state court, a federal judge ruled, saying the worker behind the case made "incorrect factual statements" about SeaWorld's calculations regarding the amount of money at stake.

  • January 23, 2025

    Walmart Strikes Deal To End Delivery Driver's Wage Suit

    Walmart reached a deal to resolve a former worker's lawsuit accusing the company of misclassifying its app-based delivery drivers as independent contractors and failing to provide them the guaranteed wages, breaks and benefits owed to employees, a filing in Washington federal court said.

  • January 23, 2025

    Employment Group Of The Year: Paul Hastings

    Paul Hastings LLP represents major companies like Nike and Google, and handled overlapping discrimination government investigations against video game company Activision Blizzard, ultimately notching settlements that closed the book on both probes, earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

  • January 23, 2025

    GOP Divided On Ending Lower Wages For Disabled Workers

    The future of a Biden-era U.S. Department of Labor proposal to eliminate the subminimum wage for workers with disabilities is uncertain, as Republicans appear divided on the issue.

  • January 23, 2025

    Tech Co. Scores Win In Ex-Worker's FMLA Suit

    A former payroll analyst for a technology company failed to support her claims that she was fired because she took one month of leave, a Washington federal judge ruled, tossing her Family and Medical Leave Act suit.

  • January 23, 2025

    Calif. Appeals Court Backs Apprentice Work Regulations

    A California appeals court refused to reinstate a challenge from several employer associations seeking to strike down new regulations governing how apprentices can spend their time working, saying the California Apprenticeship Council was in the clear to promulgate the new rules.

  • January 22, 2025

    Apple Can't Yet Ditch Bulk Of Proposed Pay Bias Class Action

    A California state judge refused to ax the majority of a proposed class action accusing Apple of systematically underpaying women employees, ruling that, at this stage, the workers have adequately alleged violations of the California Equal Pay Act and disparate treatment under the Fair Employment and Housing Act.

  • January 22, 2025

    Wayne-Sanderson Flouting Wage-Fix Settlement, DOJ Says

    The Justice Department is accusing poultry giant Wayne-Sanderson Farms of shirking its obligations under a settlement resolving wage-suppression allegations, asking a Maryland federal court to put a freeze on any information sharing by the company through Agri Stats and to impose a multiyear extension on its 10-year consent decree.

  • January 22, 2025

    NY AG Snags $1.1M In Wages For Rikers Island Cleaners

    A professional maintenance company that provided services at New York's Rikers Island jail agreed to shell out about $1 million for underpaying immigrant workers and pressuring them to pay kickbacks to keep their jobs, New York Attorney General Letitia James announced Wednesday.

  • January 22, 2025

    3 Tips For Complying With NY's Prenatal Leave Law

    New York's paid prenatal leave law, the first in the country, is unique in many ways, meaning employers need to know the ins and outs of who can take such leave, attorneys told Law360, and that it should be tracked separately from other leave offerings. Here, Law360 offers three tips to employers to stay in compliance.

  • January 22, 2025

    Amazon Drivers Want Class Cert. In Suit Alleging Unpaid Tips

    Amazon Flex delivery drivers urged a Washington federal court to certify a 150,000-member class in their lawsuit accusing the company of violating Evergreen State laws by withholding portions of drivers' tips, saying they were all impacted by the same unlawful practice.

  • January 22, 2025

    Employment Group Of The Year: Epstein Becker

    Epstein Becker Green's employment team convinced the Fifth Circuit to strike down a major U.S. Department of Labor rule governing employers' ability to take tip credits out of servers' wages, a blockbuster achievement that snagged it a spot as one of the 2024 Law360 Employment Groups of the Year.

  • January 22, 2025

    Judge Cans Biden Order Supporting Union Contractors

    A U.S. Court of Federal Claims judge has invalidated a 2022 executive order by then-President Joe Biden requiring contractors to work with unions to be considered for federal construction projects over $35 million, saying the mandate "stifles competition."

Expert Analysis

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.