Wage & Hour

  • February 22, 2024

    Freelance Writers Seek To Block Independent Contractor Rule

    The U.S. Department of Labor's new rule regulating whether workers are independent contractors or employees under federal law muddies the classification waters and might put freelance journalists out of work, two freelancers said in a lawsuit in Tennessee federal court.

  • February 22, 2024

    Private Prison Guards Want OT For Security Screenings

    A private prison operator systematically stiffs correctional workers for time spent in mandatory preshift security screenings, a pair of workers alleged in a proposed class and collective action filed in Tennessee federal court.

  • February 22, 2024

    BNSF Says It Fired Conductor For Suspected Lies, Not Leave

    BNSF Railway Co. is urging a Washington federal court to dismiss claims that it fired a worker for using medical leave, arguing that the evidence shows the company honestly believed the worker misused leave as vacation days.

  • February 22, 2024

    Waldorf Astoria's Math Sends Wage Suit To Calif. State Court

    A proposed class action claiming a Los Angeles-area Waldorf Astoria hotel owes workers wages will head back to state court after a California federal judge found that the luxury hotel didn't show the amount in controversy is more than $5 million.

  • February 22, 2024

    Judge Irked By Arbitration Ask Years Into Au Pair Wage Case

    A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.

  • February 22, 2024

    Cleaning Co. Says It Has No Connection To Va. Wage Suit

    A janitorial services company asked a Virginia federal court to dismiss it from a wage action, arguing it is a mere holding company without personal connections either to Virginia or a cleaner who alleged she was misclassified as an independent contractor.

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    SC Construction Contractor Pays $37K After DOL Wage Probe

    A South Carolina construction contractor paid more than $37,000 in back wages after misclassifying 37 employees as independent contractors, the U.S. Department of Labor announced Thursday.

  • February 22, 2024

    La. Physical Rehab Facility Pays $18K For FMLA Violations

    A physical rehabilitation facility in Louisiana paid nearly $18,000 in back wages and damages for denying a worker's request for medical leave and firing her, the U.S. Department of Labor announced.

  • February 22, 2024

    Kaufman Dolowich Adds Partner In New Delaware Office

    Kaufman Dolowich has added to its newly launched Delaware office the former co-managing partner of Weber Gallagher Simpson Stapleton Fires & Newby LLP's office in the First State.

  • February 21, 2024

    Charter Must Produce Docs Or Face Sanctions In OT Lawsuit

    Charter Communications ducked sanctions for its failure to turn over documents related to allegations that it misclassified trainee employees as overtime-exempt, but a California federal court warned the telecommunications firm that sanctions would be forthcoming if the requested documents were not.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    Concrete Co., Workers Solidify $2M Wage Settlement

    A New York federal magistrate judge gave the final signoff to a $2 million settlement ending a class and collective action alleging that a concrete company failed to pay workers overtime wages, saying the deal is a reasonable conclusion to the lawsuit.

  • February 21, 2024

    Transpo Manager Can't Seek Damages With Pending OT Claim

    A former dock manager for the U.S. Postal Service's transportation supplier can't collect 6% in liquidated damages while his overtime claim is pending, an Ohio magistrate judge ruled, saying the court was bound by Sixth Circuit precedent.

  • February 21, 2024

    Hawaii Security Co. Pays $167K For Misclassifying Workers

    A Hawaii security company paid more than $167,000 for misclassifying employees as independent contractors, the U.S. Department of Labor announced. 

  • February 21, 2024

    Restaurateurs, Ex-Workers' Wage Settlement OK'd

    A Maryland federal judge placed the final stamp of approval on a settlement between executives of a restaurant owned by celebrity chef Mike Isabella and former staff accusing them of shorting their wages, saying the terms are sufficient and in the best interests of the class members.

  • February 21, 2024

    Ill. County Can't Escape 911 Dispatchers' OT Suit

    An Illinois county can't escape claims that it failed to pay 911 dispatchers overtime when they worked more than 40 hours a week because it is not exempt under a section of the Fair Labor Standards Act, an Illinois federal judge ruled.

  • February 21, 2024

    Texas Restaurant Pays $160K For Tip, OT Violations

    A San Antonio restaurant paid nearly $160,000 for denying 26 workers their full wages, the U.S. Department of Labor announced. 

  • February 21, 2024

    GoDaddy, Ex-Worker Agree To Arbitrate Off-Shift OT Suit

    An Arizona federal judge dismissed an ex-employee's suit accusing internet domain registry GoDaddy of requiring customer service staffers to perform work without pay after the parties told the court the suit must go into arbitration.

  • February 21, 2024

    Texas Home Healthcare Cos. Pay $1M For Wage Violations

    Two home healthcare companies in Texas paid more than $1 million in back wages for denying 859 workers their full wages, the U.S. Department of Labor announced. 

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    High Court Won't Pick Up Medical Drivers' Class Status Row

    The U.S. Supreme Court declined Tuesday to review the D.C. Circuit's determination that a lower court must take another look at its finding that a group of nonemergency medical transportation drivers have enough in common to proceed as a class in their wage and hour action against their employer.

  • February 20, 2024

    Utah Court Won't Say If Worker Can Waive Collective Rights

    A home security company can't yet force a technician to pursue claims for overtime pay on an individual rather than collective basis, as a Utah federal judge held that it was unclear whether a document containing a collective waiver provision governed an employment relationship.

  • February 20, 2024

    5th Circ. Hands Independent Contractor Rule To Lower Court

    The Fifth Circuit sent a challenge to the U.S. Department of Labor's actions related to an independent contractor rule back to a Texas federal court, tossing the lower court's decision against the department and giving four groups a chance to renew their claims.

  • February 20, 2024

    Posner Says Ex-Staffer's 'Lies' Warrant Harsh Sanctions

    Retired Seventh Circuit Judge Richard Posner is asking an Indiana federal judge to impose "the most severe sanctions" against a noted pro se litigant who claims Posner reneged on a promise to pay him to run a short-lived pro bono services organization, saying the man has repeatedly lied during litigation and improperly accused opposing counsel of perjury.

Expert Analysis

  • 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.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.