A Columbus, Ohio, law that took effect Friday barring employers from asking job candidates about past salaries highlights how progressive cities can depart from their politically conservative states on wage issues and how tensions can arise from such differences. Here, Law360 explores how the new law fits into the trend.
Freelancers and gig workers are often lumped together as independent contractors, but digging into the nitty-gritty of their working realities shows the persistent challenges of delimiting employee classification tests.
Reporting pay data to state agencies is a newer facet of pay transparency, and attorneys say employers must set out clear compensation decision schemes and start gathering information sooner rather than later to stay in compliance.
Package couriers must individually pursue claims that a delivery company misclassified them as independent contractors and denied them overtime pay, an Ohio federal judge ruled, decertifying a collective of workers after finding that their schedules varied too widely to justify group treatment.
A New York magistrate judge ordered HSBC Bank to turn over a trove of metadata from texts, emails and other communications to prove whether its bankers were forced to work through their lunch breaks, ruling that the documents requested would behoove discovery.
In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.
An investment advisory company must abide by a settlement previously approved by a New York federal court to resolve a former employee's unpaid wage claims, a federal judge has ruled.
A former Booz Allen Hamilton worker pursuing a sex discrimination and retaliation suit failed to demonstrate how she would have been differently treated if she were male, the defense contractor and management consulting firm argued in urging a Virginia federal court to toss the case.
A trucking company has asked a Colorado federal judge to grant it a win in a group of drivers' lawsuit alleging unpaid overtime, arguing that the workers can't prove the statute of limitations should be extended to cover their claims.
California-based employment law firm Mastagni Holstedt has sued an IT solutions company in Sacramento County Superior Court, saying that after hiring the company to install a network system and server, the firm suffered a ransomware attack forcing it to pay a group known as Black Basta to retrieve its data.
Rules in California and Washington that require rest and meal breaks for workers may once again apply to commercial truck and bus drivers if the U.S. Department of Transportation moves forward with proposals to loosen its regulatory action that preempts them, observers told Law360.
An Indiana liquor store is forcing employees to sign sham documents indicating it is paying wages back under a deal it reached with the U.S. Department of Labor, the department said, urging a federal court to halt the "wanton" behavior.
A bathroom remodeling company asked a Tennessee federal judge to send a home inspector's unpaid overtime claims into arbitration and toss his proposed collective action, saying the worker signed an agreement requiring him to arbitrate his wage issues.
Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions, as a partner in its San Diego office.
A Texas state judge again declined to recuse himself in a dispute between a Lewis Brisbois partner and his previous law firm after the partner filed a motion accusing the judge of allowing counsel for a Houston firm to "engage in numerous attacks" against him based on his sexuality.
A class of registered nurses seeking to settle claims that UnitedHealthcare improperly denied them adequate overtime compensation asked a New Mexico federal judge to sanction the company because, the class alleged, it withheld some eligible members from a class list.
A Ninth Circuit panel directed a lower court Thursday to consider a former Terminix worker's constitutional standing to bring representative wage claims while his individual claims undergo arbitration, saying arbitration does not revoke his right to bring representative claims.
A California appeals court partially reversed a trial court order denying a painting contractor's bid to compel a worker's wage lawsuit into arbitration, ruling that individual claims can head to arbitration while suggesting that representative claims should be stayed.
A steel manufacturer has agreed to hand over about $200,000 to end a sex discrimination suit alleging the company gave paid parental leave only to mothers and not fathers, according to a Thursday order from a Michigan federal judge giving the deal the final green light.
Mercedes-Benz paid nearly $439,000 for firing two employees who requested to take protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Thursday.
JetBlue called on a New York federal court to dismiss a pair of flight attendants' claims for untimely wages, arguing that state rules guaranteeing paychecks within a week of the end of a pay period only apply to manual laborers.
A satellite technician has slapped his employer with a proposed collective action in Georgia federal court claiming Prime Rangers Inc., an authorized Dish satellite television retailer, misclassified him and his colleagues as independent contractors and failed to pay them overtime wages.
Employers in Columbus, Ohio, will no longer be able to ask job applicants about their salary history under a law set to take effect Friday.
A North Carolina federal judge approved an $18,900 deal between a trio of workers and an environmental company they had sued, accusing a supervisor of clocking them out to avoid paying overtime hours, according to a court filing.
Settlement talks between X Corp., formerly known as Twitter, and a group of former employees have fallen apart, the parties told a Delaware federal judge on Wednesday, asking the judge to lift a stay in their dispute over severance compensation.
Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.
The Second Circuit revived a gender bias suit by a Verizon salesperson who claimed she was regularly subjected to sexual comments and then targeted in a layoff for complaining about it, ruling Wednesday that she put forward enough detail to send her allegations to a jury.
The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.
Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.