Wage & Hour

  • March 13, 2025

    Teamsters, United Get Attendants' Raise Method Suit Trimmed

    The Teamsters and United Airlines can escape most of a suit in which flight attendants challenged the formula for how the union sorts out raises, a California federal judge ruled Thursday, keeping alive only Railway Labor Act due process claims.

  • March 13, 2025

    Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit

    An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.

  • March 13, 2025

    6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit

    The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.

  • March 13, 2025

    Rikers Fails To Pay For OT Work, Correction Officers Say

    New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.

  • March 13, 2025

    Food Production Workers Certified As Collective In Wage Case

    Food production workers who claim their employer didn't pay them for donning and doffing sanitary clothing outside their scheduled shifts showed they are similarly situated enough to proceed as a collective, a New York federal judge ruled.

  • March 13, 2025

    Worker's Missed Deposition Dooms Wage Case, Co. Says

    A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.

  • March 12, 2025

    Fox News Cleared Of Sex Assault Claims, But Anchor Isn't

    A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.

  • March 12, 2025

    Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds

    Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.

  • March 12, 2025

    Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit

    A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.

  • March 12, 2025

    Senate Confirms Trump's Pick For DOL Deputy Leader

    The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.

  • March 12, 2025

    Manager Says Flagging FMLA Concerns Got Her Fired

    A nonprofit health system fired its Family and Medical Leave Act case manager after she spoke out against the unlawful changes it made to its leave policies that made it more difficult for workers to take time off, a lawsuit filed Wednesday in Indiana federal court said.

  • March 12, 2025

    NCAA Volunteer Coaches Get Class Cert. In Antitrust Fight

    A California federal judge on Tuesday certified a class of potentially thousands of former NCAA Division I volunteer coaches who allege the athletic organization's now-repealed bylaw illegally suppressed their wages in violation of antitrust laws, and the judge also refused to exclude the class's damages report by a Princeton University professor.

  • March 12, 2025

    Home Depot Must Face Ex-Worker's Misclassification Suit

    A former assistant store manager who claims Hope Depot misclassified her as overtime-exempt can move forward with a proposed class action, a California federal judge ruled, rejecting the company's argument that what she alleged was misconduct occurred too long ago.

  • March 12, 2025

    Worker Advocate Says States, Cities Hold Gig Work's Future

    Worker advocate Laura Padin said that what is commonly known as the gig economy is the canary in the coal mine of workers’ rights. Padin, the director of work structures at the National Employment Law Project, spoke to Law360 about the future of gig worker rights and the importance of pay data transparency to move the needle.

  • March 12, 2025

    Houston Harbaugh Welcomes New Labor Practice Chair

    Pittsburgh-based Houston Harbaugh PC expanded its employment law services with the recent addition of an attorney and new practice leader who joined the firm after 14 years with Pietragallo Gordon Alfano Bostick & Raspanti LLP.

  • March 12, 2025

    Mortgage Co. Strikes $94K Settlement In OT Suit

    A Michigan mortgage company has agreed to pay nearly $94,000 to settle a proposed collective action in Michigan federal court accusing it of misclassifying loan officers, processors, partners and lead generators as overtime-exempt under the Fair Labor Standards Act.

  • March 12, 2025

    Prison, Ex-Treatment Counselor End Medical Leave Suit

    A prison owner and operator and a former prison treatment counselor have agreed to dismiss the worker's suit accusing the company of terminating her while on medical leave, they told a California federal court Wednesday.

  • March 12, 2025

    Energy Co. Asks Justices To Skip On Inspector's OT Case

    Energy industry service provider Killick Group told the U.S. Supreme Court that the Fifth Circuit correctly considered a pipeline inspector an independent contractor because he had autonomy in his job, urging the justices to stay out of the worker's overtime case.

  • March 12, 2025

    DOL Escapes Writers' Suit Over Contractor Rule, For Now

    A Tennessee federal judge tossed a suit from two freelance writers seeking to block the U.S. Department of Labor's new rule regulating whether workers are independent contractors or employees under federal law, saying the writers can't show that the regulation would hurt their career opportunities.

  • March 11, 2025

    Insurer Says It's Off The Hook For Pay Transparency Suit

    Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.

  • March 11, 2025

    Incoming Labor Sec. Must Walk 'Fine Line' On Wage Policies

    President Donald Trump’s soon-to-be labor secretary will likely need to balance her extensive labor record, which earned her support from some Democrats and unions, with a more traditional Republican approach toward wage and hour issues, employment law observers say. Here, Law360 explores Lori Chavez-DeRemer’s record.

  • March 11, 2025

    DOJ, Wayne-Sanderson Spar Over Data Sharing Deal

    The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.

  • March 11, 2025

    Auto Parts Co. Says EEOC Failed To Discuss Sex Bias Claims

    An auto parts manufacturer urged a Tennessee federal court Tuesday to toss the U.S. Equal Employment Opportunity Commission's suit alleging the company favored men in hiring decisions and failed to promote qualified women, saying the agency didn't first try to discuss the allegations with the company before suing it.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    Seyfarth Employment Litigator Joins McGuireWoods In LA

    McGuireWoods LLP is strengthening its California labor and employment team, announcing Tuesday it is bringing in a Seyfarth Shaw LLP employment litigator as partner in its downtown Los Angeles office.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • 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.