Wage & Hour

  • May 21, 2024

    Dairy Queen Franchisee Seeks To Expedite DOL OT Rule Row

    A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

  • May 21, 2024

    NC Panel Cans Atty's 'Grossly Excessive' Fees In Wage Suit

    A North Carolina appeals court rejected a real estate agent's bid to be awarded nearly $500,000 in attorney fees after winning an unpaid wages lawsuit, reasoning Tuesday that state wage law doesn't require that fees be granted to a prevailing party.

  • May 21, 2024

    Calif. Mushroom Farms Pay $530K After DOL Probe

    Two mushroom farms in California paid nearly $530,000 for underpaying 62 workers and providing them with unsafe housing, the U.S. Department of Labor announced.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Georgia State Farm Office, Ex-Worker Settle Overtime Suit

    A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.

  • May 21, 2024

    Construction Groups Press To Halt DOL Prevailing Wage Rule

    The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.

  • May 21, 2024

    4th Circ. Ruling Is Rare Take On FLSA Coverage For Inmates

    A Fourth Circuit decision this month stands out for opening the door to classifying certain incarcerated workers as employees under the Fair Labor Standards Act, representing another shift in the legal discourse around people behind bars, attorneys say.

  • May 21, 2024

    Ex-Workers Drop Gender Bias Suit Against Ga. Medical Cos.

    Two female former human resources workers for a medical management company and a podiatrist center told a Georgia federal court they had agreed to drop their lawsuit accusing their ex-employers of discriminating against them based on gender, reclassifying them as hourly and firing them for complaining.

  • May 21, 2024

    3rd Circ. Revives American Airlines Pilots' Military Leave Suit

    The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.

  • May 21, 2024

    Las Vegas Restaurants Pay $161K For OT Violations

    Three Las Vegas restaurants paid nearly $161,000 in back wages, damages and fines for denying 33 workers their overtime pay, the U.S. Department of Labor announced.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    Zara Strikes $1.25M Deal To Settle Workers' Overtime Suit

    Fast-fashion retailer Zara agreed to a $1.25 million deal to settle accusations that it shortchanged about 500 employees by excluding commissions from overtime calculations, according to a letter filed with a New York federal judge requesting approval of the settlement.

  • May 20, 2024

    Food Co. Workers Tell High Court to Keep 4th Circ. OT Ruling

    Sales workers for an international food distributor urged the U.S. Supreme Court on Monday not to review a Fourth Circuit ruling holding that they did not qualify for overtime exemption, saying it would be a waste of the high court's time and resources to mull an inconsequential question.

  • May 20, 2024

    Minn. Lawmakers OK Pay Rates For Uber, Lyft Drivers

    The Minnesota Legislature passed a bill setting Uber and Lyft drivers' per-mile and per-minute rates, a move that comes after two years of negotiations during which the ride-hailing giants threatened to partially cease offering their services in the state.

  • May 20, 2024

    Boar's Head Can't Untangle Collective In NY Late Pay Suit

    A New York federal judge said Boar's Head can't get reconsideration of an order greenlighting a collective in a late pay suit because the workers in the case supported their claims, but granted the deli meat and cheese company's request to rework the collective definition.

  • May 20, 2024

    Wyndham Wants Out Of Pa. Hotel's Labor Trafficking Case

    Wyndham Hotels & Resorts argued to a federal court Monday it could not be plausibly alleged the chain knew or could have known that its former franchisee at a New Stanton, Pennsylvania, Days Inn was exploiting laborers in a room-for-hire scheme, and so it should be dismissed from the laborers' lawsuit.

  • May 20, 2024

    Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute

    Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.

  • May 20, 2024

    Wash. Pay Range Suits Meet Early Crossroads On Standing

    A federal court's ruling that a job applicant lacked standing to claim an employer violated Washington state's new requirement for employers to include pay ranges in job ads may signal that workers will fare better advancing such claims in state court, attorneys told Law360.

  • May 20, 2024

    United Healthcare Skimped On OT, NM Nurse Says

    United Healthcare misclassified New Mexico-based case manager registered nurses as overtime-exempt even though they have overtime-eligible responsibilities, cheating them out of overtime wages when they work over 40 hours in a week, an ex-nurse said in a complaint in federal court.

  • May 20, 2024

    Rocket Mortgage Agrees To Pay $3.5M To End OT Suit

    Rocket Mortgage agreed to pay out $3.5 million to end a collective suit in Arizona federal court accusing it of failing to pay mortgage brokers for the after-hours work they performed.

  • May 17, 2024

    Trucking Co. Dodges Misclassification Suit, For Now

    A trucking company can temporarily escape claims that it misclassified drivers as independent contractors because the driver lodging the suit failed to show jurisdictional diversity, an Illinois federal judge ruled.

  • May 17, 2024

    Manager Says Travel Co. Fired Her For Promotion Complaints

    A corporate hotel booking service gave lackluster performance reviews to a female national sales manager because she had taken maternity leave and fired her after she raised concerns about being passed over for promotions in favor of a less experienced male co-worker, according to a lawsuit in Colorado federal court.

  • May 17, 2024

    Justices' Arbitration Ruling To Slow Wage Appeals

    Workers will struggle to appeal orders compelling arbitration now that the U.S. Supreme Court has said federal courts must stay cases when claims are sent to arbitration instead of dismissing them, attorneys said. Here, Law360 explores the issue.

Expert Analysis

  • Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

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    The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

  • Illinois Paid Leave Law May Create Obstacles For Employers

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    Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

  • What Employers Must Know About FLSA 'Salary Basis' Rule

    Excerpt from Practical Guidance
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    To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

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    Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

  • Pros And Cons As Calif. Employers Rethink Forced Arbitration

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    As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.