Wage & Hour

  • March 01, 2024

    Collective Decertified In Package Couriers' Unpaid OT Suit

    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.

  • March 01, 2024

    HSBC Must Turn Over Data In Lunch Break Pay Suit

    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.

  • March 01, 2024

    Calif. Forecast: State Justices To Hear 'Intentionality' Args

    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.

  • March 01, 2024

    Investment Co. Ordered To Follow Wage Suit Settlement

    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.

  • March 01, 2024

    Booz Allen Says Ex-Employee Can't Tie Firing To Sex

    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.

  • March 01, 2024

    Trucking Co. Seeks Early Win In Colo. Drivers' OT Suit

    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.

  • March 01, 2024

    Employment Law Firm Sues IT Co. Over Ransomware Attack

    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.

  • March 01, 2024

    Feds Likely To Drop Ban On States' Rest, Meal Break Rules

    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.

  • March 01, 2024

    DOL Seeks To Stop Indiana Liquor Store's 'Wanton' Behavior

    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.

  • March 01, 2024

    Bathroom Remodel Co. Looks To Push OT Suit To Arbitration

    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.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    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.

  • February 29, 2024

    Houston Judge Again Declines Recusal In Back Wages Fight

    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.

  • February 29, 2024

    Nurses Say UnitedHealthcare Hid Colleagues From Settlement

    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.

  • February 29, 2024

    9th Circ. Revives Ex-Terminix Worker's PAGA Wage Suit

    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.

  • February 29, 2024

    Calif. Appeals Court Says PAGA Claims Should Be Arbitrated

    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.

  • February 29, 2024

    Steel Co. Ends Paternity Leave Bias Suit In $200K Deal

    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.

  • February 29, 2024

    Mercedes-Benz Pays $439K For FMLA Violations

    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.

  • February 29, 2024

    JetBlue Says Timely Pay Law Doesn't Cover Flight Attendants

    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.

  • February 29, 2024

    Dish Satellite Retailer Misclassified Technicians, Suit Claims

    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.

  • February 29, 2024

    Asking For Salary History Banned In Columbus, Ohio

    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.

  • February 29, 2024

    NC Judge Approves Environmental Co., Workers' OT Deal

    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.

  • February 28, 2024

    Musk, Ex-Twitter Staff Fail To Reach Deal In Severance Dispute

    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.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    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.

  • February 28, 2024

    2nd Circ. Says Verizon Unit Can't Dodge Gender Bias Suit

    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.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    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.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    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.

  • 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.