Wage & Hour

  • April 18, 2024

    Jury Awards $98M To Wash. Healthcare Workers In Wage Suit

    A Seattle jury said Thursday a Washington-based healthcare system should pay thousands of its employees almost $100 million for its illegal timeclock rounding and meal break practices, an award that's expected to be doubled because a judge has already determined that the company's violations were willful.

  • April 18, 2024

    Qdoba To Pay $3.8M To Wrap Up Wash. Pay Transparency Suit

    Mexican restaurant chain Qdoba will pay $3.8 million to resolve a class action alleging it violated Washington state's pay transparency law when it failed to disclose pay information in job postings, according to a filing in state court.

  • April 18, 2024

    Calif. Grocery Stores Pay $472K For OT Violations

    Three California grocery stores paid more than $472,000 in back wages, damages and fines for denying 60 workers their overtime wages, the U.S. Department of Labor announced Thursday.

  • April 18, 2024

    Building Groups Say They Can Fight Prevailing Wage Rule

    Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.

  • April 18, 2024

    NY Appeals Court Revives AI Firm CLO's Claim For Pay

    In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.

  • April 18, 2024

    Saladworks Operator Misclassified Asst. Managers, Suit Says

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks misclassified its assistant managers as overtime-exempt even though they should have earned time-and-a-half wages for overtime hours, a former manager alleged in a proposed collective action filed in federal court Thursday.

  • April 18, 2024

    Buffalo Wild Wings Owes Pay For OT Work, Server Says

    Buffalo Wild Wings has not been paying its hourly employees overtime wages for time they spent working off the clock and didn't reimburse them for business expenses or allow them to take breaks, a server alleged in a proposed class action filed in California federal court.

  • April 18, 2024

    US Chamber, Groups Seek Win In DOL Contractor Rule Spat

    The U.S. Department of Labor acted illegally when it nixed a Trump-era rule determining workers' independent contractor status and issued a new rule, the U.S. Chamber of Commerce and a slew of trade groups told a Texas federal court.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    Drivers, Transport Cos.' $700K Wage Deal Nabs Initial OK

    A California federal judge placed the initial stamp of approval on a revised $700,000 settlement between a class of truck drivers, an agricultural product transportation company and labor contractor ending a wage lawsuit, saying the updated deal is an adequate resolution.

  • April 17, 2024

    Yacht Repair Co.'s Late Arguments Can't Save It From OT Suit

    A yacht repair company owes more than $55,000 in overtime and damages to a former employee, a Florida federal judge ruled, rejecting the company's Hail Mary argument that the worker was exempt from overtime under the Fair Labor Standards Act.

  • April 17, 2024

    Airplane Servicers Reiterate That Fueling Isn't Interstate Work

    Two companies that service airplanes alerted the Ninth Circuit to the U.S. Supreme Court's recent decision regarding the applicability of a worker exemption from the Federal Arbitration Act, saying the high court's ruling supports their contention that fuel pumping is not interstate work that would trigger the carveout.

  • April 17, 2024

    NJ Landscaping Co. Pays $255K For OT Violations

    A New Jersey landscaping company paid nearly $255,000 in back wages and damages for denying 20 workers their overtime wages, the U.S. Department of Labor announced.

  • April 17, 2024

    NLRB Says Co. Violated Labor Law With Wage Suit Questions

    A chemical manufacturer illegally questioned an employee about his conversations with co-workers and union stewards linked to a wage and hour lawsuit, the National Labor Relations Board concluded, upholding an agency judge's decision about the workers' confidentiality interests.

  • April 17, 2024

    Ogletree Expands Into Western NY With Ex-Goldberg Atty

    Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.

  • April 17, 2024

    Discovery In $500M Severance Fight Against X, Musk Will Wait

    A California federal judge paused discovery in a suit claiming X, formerly Twitter, owes $500 million in severance to the workers the company laid off after Elon Musk's takeover, saying the court should wait to sort out the company's dismissal bid.

  • April 17, 2024

    Military IT Contractor Didn't Pay OT, Ex-Worker Says

    A Virginia-based technology company that contracts with the U.S. military has not been paying its hourly employees time-and-a-half overtime premiums even though they regularly work more than 60 hours a week, according to a proposed class action filed in federal court.

  • April 16, 2024

    6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case

    A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.

  • April 16, 2024

    Pot Transport Co. Can't Escape Overtime Suit

    A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.

  • April 16, 2024

    DoorDash, Fla. Driver Settle Classification Suit In Arbitration

    A DoorDash driver and the app-based food delivery service resolved in arbitration a suit originally filed in Florida federal court alleging the company misclassified workers as independent contractors, according to court papers.

  • April 16, 2024

    Construction Subcontractor Fined $34K After DOL Probe

    A federal construction subcontractor working on apartments in Washington, D.C., was fined more than $34,000 for misclassifying nine workers, the U.S. Department of Labor announced.

  • April 16, 2024

    Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less

    An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.

  • April 15, 2024

    Drivers Can't Avoid Uber's 'Road Not Taken' Position

    A Pennsylvania federal judge has ruled that the luxury car drivers who accused Uber Technologies Inc. of misclassifying them as independent contractors must respond to the company's renewed post-trial win bid, rejecting the drivers' argument that it was too long and filed too late.

  • April 15, 2024

    Jury Sides With Ala. City Education Board In Pay Bias Suit

    An Alabama federal jury rejected a former athletic director's gender bias suit alleging she was paid less than male colleagues and demoted by an Alabama school board, four months after the case was revived by the Eleventh Circuit.

  • April 15, 2024

    Versace Mansion Workers Lose Bid To Revive Wage Claims

    Workers at the former Versace Mansion can't revive their minimum wage claims because a service fee charge is not a discretionary tip and was lawfully used to top off the workers' base hourly pay, the Eleventh Circuit said Monday.

Expert Analysis

  • 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.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • 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.