Wage & Hour

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Calif. Forecast: SF Transit Agency Seeks Vax Judgment Stay

    In the coming week, attorneys should keep an eye out for the potential stay of a judgment pending an appeal in a vaccine mandate case against San Francisco's rapid transit agency. Here's a look at that case and other labor and employment matters coming up in California.

  • March 07, 2025

    NY Forecast: 2nd Circ. Hears Girl Scouts Whistleblower Suit

    This week, the Second Circuit will consider whether to revive a lawsuit from former officers for a New York Girl Scouts chapter who claim they were retaliated and discriminated against after they complained that the group misused pandemic government loans. Here, Law360 looks at this and another notable case on the docket in New York courts.

  • March 07, 2025

    Warner Bros. Demands State Court Wage Claims Be Arbitrated

    Workers covered under a labor contract with a Service Employees International Union affiliate on the West Coast must arbitrate the wage and hour claims they filed in state court against Warner Bros. Discovery Inc. and a related operations entity, the entertainment company alleged in California federal court.

  • March 07, 2025

    Va. Court Says Amazon Drivers Can Get Unemployment Comp

    Virginia's top court refused to overturn the Virginia Employment Commission's finding that Amazon delivery drivers should be considered employees for unemployment benefits purposes, saying the e-commerce giant failed to properly back up its arguments in its briefs to the justices.

  • March 07, 2025

    Calif. Panels Pave Way For More 'Headless' PAGA Debate

    Two California appellate court rulings on the survival of what are known as headless claims under the state's Private Attorneys General Act — claims that bring allegations only on behalf of other workers — are fueling a debate on what attorneys say is an increasingly popular litigation strategy by workers facing arbitration threats. Here, Law360 explores the issue.

  • March 07, 2025

    Minn. Bill Seeks To Subtract OT, Tips, Bonuses From Income

    Minnesota would allow taxpayers to subtract the amount of overtime pay, tips and bonuses earned from their gross income under a bill introduced in the state Senate.

  • March 07, 2025

    Amazon Driver Can't Get Mass. Court's Ear In Wage Suit

    A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.

  • March 06, 2025

    BofA Says COVID-Era Workers Too Dissimilar For Class Cert.

    Proposed classes of Bank of America loan officers include too many individualized claims for certification, the bank has argued in litigation alleging the loan officers were "short-changed" as they processed emergency small business loans during the pandemic.

  • March 06, 2025

    Federal Workers File Mass Challenges To Firings In Admin Court

    Federal workers who lost their jobs in the Trump administration's mid-February purge of the civil service have begun challenging their terminations through class action appeals to an administrative court, seeking the reinstatement of tens of thousands of probationary employees to about 20 federal agencies.

  • March 06, 2025

    Texas Panel Says Police Dept. Must Face Pregnancy Bias Suit

    A Texas appeals court on Thursday said a police department cannot escape a former employee's lawsuit accusing it of firing her after she asked to take unpaid leave to recover from a cesarean section, but ruled the city encompassing the police department was not involved in employment decisions.

  • March 06, 2025

    Construction Co. To Pay $495K In DOL Wage, Child Labor Suit

    A New York construction company will pay about $495,000 to settle a U.S. Department of Labor suit alleging it stiffed workers on their full wages and hired minors, according to a federal court filing.

  • March 06, 2025

    Vision Insurer Workers Get $3.5M Wage Deal Approved

    A California federal judge signed off on a nearly $3.5 million deal that resolves a former worker's Private Attorneys General Act lawsuit accusing a vision insurer of failing to pay employees for all their hours worked, but shaved the attorney fee award to better fit with Ninth Circuit precedent.

  • March 06, 2025

    Trump's Labor Secretary Pick Clears Senate Hurdle

    The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.

  • March 06, 2025

    Ga. Chiropractic Co., Ex-Worker Settle OT Suit

    An Atlanta-area chiropractic chain and a former employee alleging it stiffed her on overtime and fired her when she complained, reached a settlement, according to court papers filed Thursday.

  • March 06, 2025

    Hospital Gets Nurse's Wage Suit Sent To Arbitration

    A nurse's suit accusing a hospital system of using faulty timekeeping rounding practices that caused her to lose pay was shipped to arbitration by a Nevada federal judge who said an arbitration pact is valid even if she doesn't remember signing it.

  • March 06, 2025

    Janitorial Worker's Nonindividual PAGA Claims Will Wait

    A worker's nonindividual California Private Attorneys General Act's claims against a janitorial franchiser will be on hold while his individual claims undergo arbitration, a California federal judge ruled, saying that whether he still has standing depends on the outcome of the arbitration.

  • March 06, 2025

    Senate Panel Advances Trump's Pick For DOL Deputy

    A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.

  • March 05, 2025

    Parameters Set For Final NIL Deal Approval Hearing

    The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.

  • March 05, 2025

    Trade Groups Can't Block Minn. Worker Classification Law

    A Minnesota federal judge refused Wednesday to grant trade groups' bid to temporarily block a state law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, saying the statute isn't so vague that it must be struck down.

  • March 05, 2025

    Class Status Granted In Amazon COVID Screening Suit

    A Pennsylvania federal judge approved a class of Amazon employees who were required to undergo unpaid COVID-19 screenings, saying that by modifying the class to include only those who used a physical time clock to clock in, the workers were all subject to the same underpayment policy.

  • March 05, 2025

    How Jarkesy May Reshape DOL Civil Penalty Enforcement

    A U.S. Supreme Court decision on agency enforcement and the right to a jury trial may alter the U.S. Department of Labor's approach to imposing civil money penalties against employers, particularly under President Donald Trump's administration, attorneys say.

  • March 05, 2025

    Workers, Raytheon Cos. Ink $19.9M In Meal Break Suit

    A group of workers urged a California federal judge to approve their $19.9 million deal to end a class action alleging companies affiliated with Raytheon failed to pay workers for their meal and rest breaks, according to a court filing. 

  • March 05, 2025

    Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay

    The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • 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.