Wage & Hour

  • January 08, 2025

    DOL Searching For SC Farm Workers Owed $132K In Wages

    The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.

  • January 08, 2025

    New Dad Says Raytheon Unit Fired Him Over Leave Request

    A Raytheon subsidiary allowed managers to make disparaging comments to an employee who sought to take parental leave to care for his newborn and then fired him six days before the leave was about to start, according to a suit filed in New York federal court.

  • January 07, 2025

    Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement

    Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.

  • January 07, 2025

    McDermott Hires Polsinelli Labor Attorney As Partner In DC

    McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group. 

  • January 07, 2025

    Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns

    Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court. 

  • January 07, 2025

    Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit

    Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.

  • January 07, 2025

    FAR Council Withdraws Proposed Contractor Pay Equity Rule

    The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.

  • January 07, 2025

    Teachers Association Hit With Equal Pay, Gender Bias Claims

    The Computer Science Teachers Association's former financial director has sued the organization for gender discrimination in Illinois federal court, claiming it knowingly paid and treated her worse than male colleagues and blamed an unsupported "accounting error" on her mid-leave termination.

  • January 07, 2025

    Metal Co. To Pay $143K To End Unpaid Wages Suit

    A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.

  • January 07, 2025

    US Foods Slapped With Class Wage Suit By Ex-Seattle Worker

    US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.

  • January 07, 2025

    Volvo Fails To Pay For Off-Shift Tasks, Ex-Worker Says

    Volvo does not pay hourly employees for their time spent putting on and taking off personal protective equipment and completing other necessary pre- and post-shift tasks, a proposed class and collective action filed in South Carolina federal court said.

  • January 07, 2025

    McGuireWoods Grows In Pittsburgh With Employment Atty

    An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Fisher Phillips Adds Dallas Employment Atty From Reed Smith

    International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.

  • January 07, 2025

    Crop Drone Maker Stiffed Executive On Pay, Suit Says

    A former executive at a Massachusetts company that makes drones for the agricultural industry says he was never paid during his brief tenure, according to a lawsuit filed Tuesday in state court.

  • January 07, 2025

    Wash. Panel Won't Boot Subway Wage Dispute To Arbitration

    A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.

  • January 07, 2025

    Calif. Panel Says Individual PAGA Claims Belong In Arbitration

    An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.

  • January 06, 2025

    Wash. Labor Dept. Escapes Union's Farm Wage Challenge

    A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    Fox Sports Host Offered $1.5M For Sex, Harassment Suit Says

    A longtime hairstylist at Fox Sports is accusing the network of ignoring sexual harassment and a toxic workplace environment created by its executives and hosts, including an offer by TV host Skip Bayless of $1.5 million to have sex with her, according to a California state lawsuit.

  • January 06, 2025

    Texas Restaurant Illegally Claims Tip Credit, Server Says

    A Houston-area restaurant should not be allowed to claim a tip credit that permits it to pay servers less than the minimum wage because it failed to inform workers that they have to foot the bill for their uniforms, according to a proposed collective action filed in Texas federal court.

  • January 06, 2025

    Staffing Co. Strikes $4.4M Deal To End Nurses' Wage Suit

    A healthcare staffing agency agreed to pay $4.4 million to resolve a 2,300-member collective action accusing it of shorting travel nurses on overtime wages and forcing them to accept lower pay after they had already begun their contracts, a filing in Washington federal court said.

  • January 06, 2025

    Ohio State, NCAA, Big Ten Look To Sack Ex-QB's NIL Suit

    Ohio State University, the NCAA, The Big Ten Conference Inc. and a media rights licensing company urged an Ohio federal judge to toss a proposed class action brought by former Buckeye star quarterback Terrelle Pryor alleging they engaged in an anticompetitive conspiracy to monopolize profits on athletes' names, images and likenesses.

  • January 06, 2025

    Ex-Sunstein Partner Says Firm Sat On Payments For Months

    A former nonequity partner at Sunstein LLP says the firm waited months to pay him approximately $85,000 he was owed for work he performed for two clients he originated for the firm, according to a suit alleging violations of the Massachusetts Wage Act.

  • January 03, 2025

    Panera Stiffed Catering Staff Out Of OT Pay, PAGA Suit Says

    Panera cheated some employees out of overtime wages and reimbursement for the use of their cars and cellphones working with catering clients, and also manipulated records to inaccurately log break times in violation of California labor laws, according to a representative action lodged Thursday in California state court. 

Expert Analysis

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.