Wage & Hour

  • July 10, 2024

    Performer Hits Atlanta Drag Bar With Wages Class Action

    A performer at Lips Restaurant Atlanta LLC, a bar that provides drag show entertainment to diners and patrons, has filed a proposed class action against the restaurant, its owners and its general manager for allegedly failing to pay proper minimum and overtime wages.

  • July 10, 2024

    4 State AI Bills To Watch In 2nd Half Of 2024

    After Colorado recently moved to the forefront of regulating artificial intelligence in the workplace, numerous other states across the ideological spectrum — including conservative bastions like Oklahoma — are considering legislation of their own. Here, Law360 looks at four bills to regulate the use of AI in the workplace that bear watching in the second half of 2024. 

  • July 10, 2024

    Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance

    The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.

  • July 10, 2024

    X Corp., Musk Dodge $500M Severance Suit

    X Corp. and Elon Musk can escape claims they owe former employees $500 million in severance following the business mogul's purchase of the social platform formerly known as Twitter, a California federal judge ruled, saying the facts don't show that federal benefits law governed the payments workers received.

  • July 10, 2024

    Va. Restaurant Pays $172K For Stiffing Workers On OT

    A restaurant in Virginia paid more than $172,000 in back wages and damages for denying 21 workers overtime rates, the U.S. Department of Labor announced Wednesday.

  • July 10, 2024

    Red State Resistance To DOL Child Labor Enforcement Grows

    Republican governors and state legislators are pushing back against the U.S. Department of Labor's attempts to rein in unlawful child labor, a federal effort those at the state level argue is hurting employers.

  • July 10, 2024

    New Orleans Home Care Co. Pays $110K For OT Violations

    A home care company in New Orleans paid $110,000 in back wages and damages for denying workers overtime rates, the U.S. Department of Labor announced.

  • July 09, 2024

    7th Circ. Passes On Look At 2-Step Cert. Process, For Now

    A Seventh Circuit panel turned down pharmaceutical company Eli Lilly & Co.'s challenge to an Indiana federal court's decision to grant collective certification in an age discrimination suit, but said it would be open to looking at the two-step certification process in place to greenlight collectives.

  • July 09, 2024

    DOL, Pa. Mexican Restaurant Ink $1.3M Deal To End Tip Suit

    A Mexican restaurant in Pennsylvania will pay more than $1.3 million in back wages, damages and fines to end a U.S. Department of Labor suit alleging it kept portions of workers' tips and denied proper overtime rates, according to federal court papers filed Tuesday.

  • July 09, 2024

    Dallas Card Dealer Collective Certified In Tip Suit

    A Texas federal judge certified a collective of card dealers for a Dallas poker club who alleged they were paid below minimum wage because they were forced to share their tips with managers, finding Tuesday that their responsibilities were similar enough to support proceeding as a group.

  • July 09, 2024

    Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-Workers Seek To Appeal $1.3M Tip Deal Denial

    Former employees accusing eight New York City vegan restaurants of wage violations asked a federal judge for a quick appeal of an order denying a proposed $1.3 million settlement, arguing the Second Circuit's take will bring the litigation to a much faster conclusion.

  • July 09, 2024

    NH Brewery Pays $918K For Tip, OT Infractions

    A brewery in New Hampshire paid nearly $918,000 for stiffing 44 workers on their full tips and wages, the U.S. Department of Labor announced Tuesday.

  • July 09, 2024

    Why Stopping 'Hot' Goods Is Key To Fighting Child Labor

    The U.S. Department of Labor's efforts to combat child exploitation include the use of the Fair Labor Standards Act's provision on "hot" goods, an important tool that ups the ante for accountability across the supply chain, experts say.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    State Pay Equity Laws May Ease Path For EEOC Salary Survey

    While the U.S. Equal Employment Opportunity Commission's first attempt to collect salary details from employers faced strong headwinds, experts said the proliferation of state-level pay transparency mandates may make a fresh wage data collection effort an easier lift for businesses.

  • July 08, 2024

    Mass. Court Tosses School Nurses' Breaks Suit

    A Massachusetts appeals panel kept a trial court's decision tossing two school nurses' suit claiming unpaid meal breaks, saying the duo was paid for the breaks they spent while remaining on school grounds.

  • July 08, 2024

    Medical Co. Worker Asks 9th Circ. Not To Revive Arbitral Bid

    A worker asked the Ninth Circuit on Monday to uphold a lower court's determination that her wage claims against a medical product seller are exempt from federal arbitration law, saying a recent U.S. Supreme Court ruling clarifying who qualifies for the exemption supports keeping her claims in court.

  • July 08, 2024

    Chevron Irrelevant To Independent Contractor Rule, DOL Says

    The U.S. Department of Labor pressed a Texas federal court to toss a suit challenging its independent contractor rule, saying that the rule doesn't hurt the trade groups seeking to invalidate it and that the U.S. Supreme Court's recent Chevron decision doesn't move the needle.

  • July 08, 2024

    PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say

    Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.

  • July 08, 2024

    NJ Says State Temp Worker Law Doesn't Conflict With ERISA

    The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by ​the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    DOL Hits Economic Development Co. With Wage Suit

    A company specializing in technology, real estate, energy and healthcare denied workers their full wages and failed to pay some workers any wages, the U.S. Department of Labor alleged in a complaint filed in Kansas federal court Monday.

Expert Analysis

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.