Wage & Hour

  • October 03, 2024

    Dollar Tree Dodges Retaliation Claims In FMLA Suit

    A former Dollar Tree store manager failed to support her claims that she faced retaliation over her Family and Medical Leave Act request to take time off to care for her disabled son due to the coronavirus pandemic, a Pennsylvania federal judge ruled, handing a partial win to the retailer.

  • October 03, 2024

    Grad Student Says Boston University Policy Delays Wages

    A new policy requiring Boston University graduate students who receive stipends to submit weekly certifications of their hours worked has led to many being paid weeks or even months late, in violation of Massachusetts wage laws, according to a proposed class action filed on Thursday.

  • October 03, 2024

    NCAA's Refined NIL Settlement Still Faces Opposition

    The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.

  • October 03, 2024

    Jones Day Parental Leave Bias Claims Must Go To Jury

    Jones Day will have to defend its family leave policy at trial against claims from married ex-associates who say it is discriminatory and violates District of Columbia law, a D.C. federal judge said Thursday in concluding such bias allegations were a close call.

  • October 03, 2024

    Cargill Workers Get Class Status In COVID Screening Pay Suit

    A Pennsylvania federal judge greenlighted a class of hourly Cargill workers who alleged that the food manufacturer unlawfully failed to compensate them for the time they spent going through a COVID-19 screening, rejecting the company's argument that the class is overly broad.

  • October 03, 2024

    Mich. Restaurant To Pay $115K to End DOL Wage Suit

    A seafood restaurant in Michigan will pay $115,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it denied workers their full wages and tips, according to a court filing Thursday. 

  • October 03, 2024

    Denver Says Wage Regulation Not Purely A State Concern

    Denver urged a Colorado federal court to throw out two companies' suit alleging it exceeded its authority in auditing them for wage violations, arguing wage regulation is a local as well as state concern because the cost of living varies across Colorado.

  • October 03, 2024

    Law Profs Urge 7th Circ. To Weigh Collectives' Borders Ruling

    A Seventh Circuit panel's decision that out-of-state workers couldn't join an overtime collective suit by H-2A temporary agricultural workers erodes the Fair Labor Standards Act's goal, a group of law professors said, backing the workers' bid to have the full court weigh in.

  • October 02, 2024

    Worker Says Meta, Shutterstock Paid Her $2M Less Than Men

    A former Giphy engineer alleged in New York federal court that her male colleagues earned over $2 million more than she did after Meta, and later Shutterstock, took over the online database for animated GIFs, despite her complaints that she was being undervalued.

  • October 02, 2024

    Driver Says O'Reilly Failed To Fully Compensate Workers

    O'Reilly Auto Parts forced hourly paid employees to work off the clock without compensation and routinely failed to provide them with rest and meal periods, a proposed class action filed in California state court said.

  • October 02, 2024

    Ye Fired Guard When He Asked For His Pay, Suit Says

    Ye, the rapper formerly known as Kanye West, misclassified a security guard as an independent contractor, failed to ever pay him wages and fired him when he complained about it, according to a suit filed in California state court.

  • October 02, 2024

    Teva Sales Workers Get $2.7M Unpaid OT Deal Approved

    A New Jersey federal judge greenlighted a $2.7 million settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical company Teva of unlawfully denying them overtime wages during an extended training program.

  • October 01, 2024

    Wash. Panel Backs Workers' $3.3M Win In Meal Break Suit

    A Washington appeals court refused to upend a class of workers' $3.3 million win in their lawsuit accusing a Seattle-based hospital of failing to provide them with 30-minute meal periods, saying employees in Washington state are entitled to additional pay if they're forced to work through their breaks.

  • October 01, 2024

    Background Check Investigators' $335K Wage Deal Gets OK

    A $335,000 wage deal between background investigators and the tech company that employed them can go forward because it is fair and reasonable, a California federal judge said, approving the settlement.

  • October 01, 2024

    Biz Groups Back Uber In AB 5 High Court Fight

    California's Assembly Bill 5 raising the standard to classify workers as independent contractors is unconstitutional because it targets companies like Postmates and Uber, two business groups told the U.S. Supreme Court on Tuesday, urging the justices to take up a Ninth Circuit ruling.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    Workers Say Entertainment Co. Denied Them Wages, Breaks

    An entertainment and hospitality company misclassified workers as independent contractors and deprived them of labor protections including overtime wages and rest periods, a proposed class action filed in California state court said.

  • October 01, 2024

    DOL, NJ Labor Office Partner To Enforce Child Labor Laws

    The U.S. Department of Labor and New Jersey's labor office set up a joint enforcement plan to make sure employers are following child labor law, the DOL announced Tuesday.

  • October 01, 2024

    Sephora Urges Judge To Rethink Advancing Late-Pay Suit

    Beauty products giant Sephora said a New York federal judge used the wrong standard when he departed from a magistrate judge's recommendation and kept alive workers' claims that they were paid late, urging him to reconsider the decision.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • October 01, 2024

    Va. Care Center Pays $25K After DOL Benefits Probe

    A Virginia rehabilitation and nursing care center paid nearly $25,000 for denying workers required benefits and paid sick leave, the U.S. Department of Labor said.

  • September 30, 2024

    Magic City Dancers Claim Atlanta Club Shirked Wage Laws

    A former dancer hit Atlanta's famous adult entertainment club Magic City with a proposed collective action claiming it mischaracterized her and others as independent contractors and willfully failed to comply with federal wage laws.

  • September 30, 2024

    Split 5th Circ. Rejects Oil Worker's Rehearing Bid In OT Row

    The full Fifth Circuit declined Monday to rethink its decision that a crude oil hauler isn't owed overtime because she plays a role in an interstate trip and thus falls under a Fair Labor Standards Act exemption, despite a dissent saying the court drifted too far from the law.

  • September 30, 2024

    FTC Withdraws From Feds' Merger Review Labor Pact

    The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.

  • September 30, 2024

    Logistics Co. Wants Out Of Worker Visa Misuse Class Action

    A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.

Expert Analysis

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.