Wage & Hour

  • July 17, 2024

    Trimmed Geico Wage Suit Stays In Federal Court

    A wage and hour class action against Geico belongs in federal court, a California federal judge ruled Wednesday, saying the insurance company estimated the first claim alone is valued at over $5 million, but also cut all but two of the allegations from the lawsuit, citing vague, murky evidence.

  • July 17, 2024

    Aviation Co. Didn't Waive Arbitration In Wage Suit

    An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.

  • July 17, 2024

    Charter School, Worker Can't Get OK For OT, Retaliation Deal

    A Florida federal judge denied a deal to end a suit alleging a charter school failed to pay a custodian for more than 40 hours a week and fired her when she complained about it, citing a lack of information regarding attorney fees and an overbroad release of claims, according to court papers filed Wednesday. 

  • July 17, 2024

    Airport Ramp Agent's Wage Suit Stays In Federal Court

    An airport ramp agent's wage and hour suit against an aviation service company can't return to state court, a California federal judge ruled, saying the company's calculations of the unpaid wages and damages at issue far exceed the $5 million threshold required to keep a lawsuit in federal court.

  • July 17, 2024

    Burlington Assistant Managers Seek OK Of $5.2M OT Deal

    A collective of over 800 Burlington Coat Factory assistant store managers asked a New Jersey federal judge to sign off on a $5.2 million settlement ending their unpaid overtime claims, over a year after the court shot down a proposed $11 million deal, according to court records.

  • July 17, 2024

    Drivers, Co. Need Extra Details To Mull Arbitration Carveout

    A California federal judge told a transportation worker and the at-home respiratory care provider he sued for unpaid wages to file additional documents before deciding whether arbitration is necessary, saying it is not clear whether the worker engaged in interstate commerce.

  • July 17, 2024

    Fiat Chrysler, Workers To Mediate OT Dispute

    A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.

  • July 16, 2024

    FTC's In-House Kroger Case Delayed Until After Fed Suit

    Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.

  • July 16, 2024

    JB Hunt To Pay $4.2M To End Wash. Pay Range Suit

    J.B. Hunt Transport will fork over $4.2 million to a class of 2,200 job applicants to settle a lawsuit accusing the freight company of failing to include salary ranges in job postings and violating Washington state law, according to a court order tentatively approving the deal.

  • July 16, 2024

    5th Circ. Preserves Class Cert. In Fringe Benefits Fee Fight

    The Fifth Circuit affirmed a district court's decision to certify a mega class of more than 290,000 workers in a suit against several benefits administration companies alleging mismanagement of their non-union fringe benefits, but found the action should proceed as opt-out and not mandatory class action.

  • July 16, 2024

    Delta's $16M Pay Stub Deal Scores Initial OK

    A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.

  • July 16, 2024

    Fired Pizza Worker's Retaliation Suit Headed For Trial

    A Kentucky federal court denied a restaurant's request for a win in a lawsuit the U.S. Department of Labor brought accusing the restaurant's co-owner of retaliating against a worker with concerns that she was not being paid correctly, saying a jury should parse the parties' differing versions of events.

  • July 16, 2024

    Minn. Home Care Co., DOL Ink 135K Deal In OT Suit

    A Minneapolis home healthcare company will pay $135,000 to halt a U.S. Department of Labor suit alleging it failed to pay workers overtime rates after a federal judge signed off on a deal Tuesday.

  • July 16, 2024

    Dairy Queen Franchisee Says Chevron Ruling Solves OT Fight

    A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception. 

  • July 16, 2024

    Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

    The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.

  • July 16, 2024

    Va. Transportation Co. Pays $170K For OT Violations

    A transportation company in Virginia paid more than $170,000 in back wages for denying 60 workers overtime pay, the U.S. Department of Labor announced Tuesday.

  • July 16, 2024

    Chicken Farm Wants Misclassification Suit Tossed

    Growers claiming that a chicken farm misclassified them as independent contractors wouldn't be entitled to overtime even if they were employees, the farm told a South Carolina federal court, saying they fall under a federal agricultural exemption.

  • July 16, 2024

    NYPD Says Dog Handlers' Suit Fails Again

    The New York City Police Department urged a federal court to throw out a suit brought by 10 dog handlers accusing the department of failing to pay them overtime for time they spent caring for their dogs outside of work, calling their amended complaint too vague.

  • July 16, 2024

    Iowa Tire Shop Pays $34K For Miscalculating OT

    A tire shop in Iowa paid nearly $34,000 in back wages and damages for miscalculating the overtime rates of 11 workers, the U.S. Department of Labor announced.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    NYC To Pay $6.2M To End Rikers Officers' OT Suit

    New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

  • July 15, 2024

    Judge Says Attys Must Hash Out Conflict In Twitter Row

    A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.

  • July 15, 2024

    EMS Workers Want Early Win In OT Gap Dispute

    A class and collective of emergency medical services workers asked a North Carolina federal court for summary judgment in their overtime suit against a county, arguing basic math proves employees were underpaid in violation of an ordinance.

Expert Analysis

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.