Wage & Hour

  • June 11, 2024

    Lacrosse Coach Loses Bias Suit After Getting Cozen Booted

    A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.

  • June 11, 2024

    Childcare Custodian's Weekly Wage Suit Can Continue

    A childcare center custodian can continue with his claim that the center operators failed to pay him weekly wages as state law requires for workers who perform manual labor, a New York federal judge ruled, but cut his claim that the center didn't provide proper wage notices.

  • June 11, 2024

    Fla. Judge OKs Strip Club And Dancers' $165K Wage Deal

    A South Florida strip club operator will pay $165,000 to dancers who claimed they were misclassified as independent contractors and denied minimum wages, under a settlement agreement approved by a federal judge.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 11, 2024

    NM Restaurants Pay $254K For Tip, Wage Violations

    Two restaurant franchise locations in New Mexico paid more than $254,000 in back wages, damages and fines for keeping a portion of workers' tips and denying them minimum and overtime wage rates, the U.S. Department of Labor announced.

  • June 11, 2024

    Parts Of Tesla Wage Suit To Lead To Arbitration, Judge Rules

    Twelve current and former Tesla employees will need to bring claims that they worked through meal and rest breaks to an arbitrator, a California federal judge ruled, rejecting arguments that their signatures on arbitration pacts were forged.

  • June 11, 2024

    Ex-Papa John's Driver's Race Harassment, Pay Suit Proceeds

    A Black former pizza delivery driver for a Papa John's franchise can pursue his claims that he faced a hostile work environment and was underreimbursed for mileage, an Alabama federal judge ruled, but the judge limited the methods the worker can use to prove his allegations.

  • June 10, 2024

    Introducing Law360's Pay Disclosure Law Tracker

    A movement to tackle discriminatory pay gaps has swept the U.S. in recent years as nearly half of states have enacted bans on salary history requests while almost a dozen have issued laws that require employers to share what they're willing to pay for a position. Law360 has created an interactive, nationwide map tracking these salary history bans and pay transparency requirements.

  • June 10, 2024

    Uber Black Drivers Aren't Like Plumbers, Philly Jury Told

    Uber Black drivers on Monday tried for a second time to convince a Pennsylvania federal jury that the ride-sharing company owes them the same perks as employees, saying they're nothing like plumbers, the quintessential independent contractors.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

  • June 10, 2024

    Full 9th Circ. Rules AB5 And Its Exemptions Are Lawful

    The California Legislature had a plausible reason for creating certain carveouts from a state law governing whether workers are employees or independent contractors, the full Ninth Circuit ruled Monday, departing from a panel's decision that Assembly Bill 5 disfavors companies such as Uber.

  • June 10, 2024

    Cozen O'Connor Booted From Pa. Equal Pay Case

    Cozen O'Connor has been booted off a Pennsylvania school district's equal-pay lawsuit that was being overseen by a judge with personal ties to the firm, according to an order the judge issued Monday.

  • June 10, 2024

    FordHarrison Makes Associate Hires Across 5 Offices

    FordHarrison LLP announced that it made associate hires across five of the employment law firm's office locations including Los Angeles and Washington, D.C.

  • June 10, 2024

    Duane Morris Rehires Employment Partner From Cooley

    A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.

  • June 10, 2024

    LA County Defeats Firefighters' Quarantine OT Suit

    A firefighter was late to accuse Los Angeles County of failing to pay new firefighters for the time they spent quarantining during the COVID-19 pandemic while training, a California federal judge ruled, granting the county an early win.

  • June 10, 2024

    UPS Can't Escape Unpaid Security Screening Claims

    A New Jersey federal judge rejected UPS' request to toss claims that the delivery company should pay warehouse workers for the time they spent undergoing security screenings before their shifts started, court records show.

  • June 10, 2024

    Justices Won't Revisit Salary Basis Carveout To Overtime Pay

    The U.S. Supreme Court on Monday again declined to weigh in on the exemption to overtime pay under federal labor law for salaried workers in a case dealing with whether extra compensation on top of a salary does away with exemption status.

  • June 07, 2024

    NJ Equal Pay Law For Temp Workers Has Uncertain Future

    There is no doubt that the New Jersey Temp Worker Bill of Rights will upend the temp industry in the Garden State, and while a new challenge on the benefits pay provision may succeed, temp worker equal pay is likely here to stay, attorneys said.

  • June 07, 2024

    Exotic Dancers Win Class Status For State Law Wage Claims

    An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.

  • June 07, 2024

    Workers, DC Cleaning Co. Agree To Drop OT Suit

    A Washington, D.C.-area janitorial company and a group of workers told a federal judge Friday they agreed to end a collective action accusing the company of underpaying overtime wages through off-the-books payments for hours worked over 40.

  • June 07, 2024

    Package Co. Settles DC AG's Worker Misclassification Probe

    A package-receiving service for apartment buildings has agreed to pay over $150,000 to settle the Washington, D.C., attorney general office's investigation into allegations that workers who spent more than half their time in the city were misclassified by the company as independent contractors.

  • June 07, 2024

    NJ Asked To Convince Court Not To Block Temp Law

    A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Walmart Driver Misclassification Suit Sent To Arbitration

    A Washington federal judge sent to arbitration a proposed class action accusing Walmart of misclassifying its app-based delivery workers as independent contractors, saying the workers signed valid arbitration agreements.

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • 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.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.