Wage & Hour

  • July 24, 2024

    Clowns' Deal In Wage Suit Needs Further Review

    The settlement a group of clowns and entertainers reached with the company they accused of misclassification will have to go through court approval, a New York federal judge ruled, saying the court can't make sure the deal is fair and reasonable as it stands.

  • July 24, 2024

    Rising Star: Weil's Rebecca Sivitz

    Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 24, 2024

    Co. Accused Of Firing New Mom Can't Sink Sex Bias Suit

    A California federal judge refused to toss a suit from a former manager who said a real estate company fired her because it assumed her work would suffer after she had a child, saying it was plausible that stereotypes cost her the job.

  • July 24, 2024

    Red Lobster Accused Of Shorting Wages With Tip Credit

    Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.

  • July 23, 2024

    Construction Co. Protests Union Clause In Army Corps Deal

    Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

  • July 23, 2024

    Healthcare Co. Can't Escape Meal Break, OT Suit

    A New Mexico healthcare provider can't dodge a worker's proposed collective action claiming it implemented automatic meal break deductions and didn't incorporate all compensation into overtime wages, with a federal judge ruling Tuesday that it was the worker's joint employer.

  • July 23, 2024

    NC Meatpacking Co. Can Depose Workers In Wage Dispute

    A North Carolina federal court has permitted a chicken processing company to question two workers as part of a wage suit against the wishes of a putative class of employees, saying the interrogation request didn't come too late.

  • July 23, 2024

    EY Wins Again After Misclassification Suit Trip To High Court

    A worker claiming Ernst & Young LLP misclassified him as an independent contractor can't nix an arbitrator award in favor of the accounting firm tossing his allegations, a California federal judge ruled, saying that the arbitrator applied the correct laws and their statute of limitations.

  • July 23, 2024

    Airport Cleaner Must Honor Arbitration Pact She Can't Read

    A California federal judge sent into arbitration a Spanish-speaking cleaner's lawsuit accusing an airport services company of unlawfully terminating her, saying the court must enforce her English-only arbitration agreement because she had a bilingual person helping her with her paperwork.

  • July 23, 2024

    Amazon Fights To Arbitrate Sellers' Misclassification Claims

    Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    As NCAA Loses On Athlete Pay, Economic Realities Shine

    The Third Circuit's ruling that NCAA athletes may plausibly plead they are employees who are owed wages for the time they spend on sports underscores how its long-standing multifactor test for entitlement to pay remains the starting point for a variety of scenarios, attorneys told Law360.

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 23, 2024

    4 Steps For Keeping Bias Out Of Performance Reviews

    Though regular performance reviews are standard in many jobs, experts warn that bias can easily creep into evaluations and lead to illegal gender- and race-based pay gaps in a time of increased legislative and public focus on pay inequity. Here, experts from both sides of the bar discuss four strategies to ensure performance reviews aren't unfairly hitting protected workers' pocketbooks.

  • July 22, 2024

    State Street Sets Aside $4.2M To Address Wage Discrimination

    Federal financial services provider State Street agreed to set aside $4.2 million to make wage adjustments in the future as part of a settlement to resolve allegations that it discriminated against some women managing directors with its base pay and bonuses, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Harris' Record Evinces Drive To Boost Employee Rights

    While Vice President Kamala Harris' work on employment policy has been less publicized than her other endeavors, experts said the potential Democratic presidential nominee's tenure in Congress makes clear that enhancing workplace protections is a priority for her.

  • July 22, 2024

    Nissan Dealer Can't Escape Ex-Worker's OT Claims

    A Missouri Nissan dealership is still on the hook in a former office manager's lawsuit alleging she was misclassified as overtime exempt, with a federal judge ruling Monday it was still unclear whether the ex-employee's work involved independent decision making that could render her ineligible for overtime premiums.

  • July 22, 2024

    Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit

    More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.

  • July 22, 2024

    Approval Sought For $1.2M Deal In Labor Trafficking Suit

    A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.

  • July 22, 2024

    Home Health Co.'s $1M Wage Deal Scores Initial OK

    A post-acute healthcare network will shell out about $1 million to end a suit that claimed it cheated direct support personnel workers out of overtime after misclassifying them as independent contractors, after a New Mexico federal judge approved the deal Monday.

  • July 22, 2024

    9th Circ. Backs TSA's Win In Ex-Worker's Retaliation Suit

    The Ninth Circuit declined to reinstate a lawsuit alleging the Transportation Security Administration fired an officer for complaining that he faced a hostile work environment, saying he failed to overcome the agency's assertion that he was terminated for refusing to comply with an investigation into alleged criminal activity.

  • July 22, 2024

    Pizza Franchisees Owe $277K After DOL Child Labor Probe

    The operators of 10 pizza restaurant franchises in Nevada owe more than $277,000 for allowing minors to work at times the law does not permit and operate dangerous machinery, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Drivers Urge Court To Keep Amazon Wage Suit Alive

    Delivery drivers accusing Amazon of misclassifying them as independent contractors urged a Washington federal judge not to grant the e-commerce giant's bid to toss the eight-year-old suit, saying their claims are solid enough for this stage of the litigation to continue.

  • July 22, 2024

    Mexican Restaurants To Pay $137K For Wage Violations

    Three Mexican restaurant locations in Massachusetts, New Hampshire and Vermont will pay $137,000 in back wages, damages and fines for denying 126 workers their full tips and wages, the U.S. Department of Labor announced Monday.

Expert Analysis

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • 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.