Wage & Hour

  • 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.

  • April 15, 2024

    Pharmacy, Courier Co. Settle Driver's Classification Suit

    A delivery driver and a CVS-owned pharmacy and a logistics and courier firm told an Illinois federal court that they have reached a settlement resolving claims that the company misclassified workers as independent contractors and paid them neither minimum nor overtime premium wages. 

  • April 15, 2024

    Calif. Trucking Groups To Fight AB 5 Ruling At 9th Circ.

    A pair of California trucking industry groups and two drivers signaled they want the Ninth Circuit to undo a lower court's rejection of their challenge to the state's independent contractor classification law, known as A.B. 5.

  • April 12, 2024

    Wash. Hospital Workers Say Class Suits Are Mirror Images

    A group of healthcare workers urged a Washington state judge to find that their employer has violated the same wage laws that an affiliated hospital system was recently found liable for in a parallel case, contending at a Friday hearing that the two class actions ultimately target the same parent company.

  • April 12, 2024

    Jackson Lewis Hires Employment Litigator In Baltimore

    Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.

  • April 12, 2024

    Ex-Luxury Brand Workers Request Class Cert. In OT Suit

    Retail workers for the high-end fashion brand Comme Des Garçons asked a New York federal judge to grant them nationwide collective certification in a lawsuit alleging the company misclassified them as managers and failed to pay them overtime wages, saying their job duties and compensation methods are the same.

  • April 12, 2024

    Journalists Say WARN Act Claims Perfect For Class Cert.

    Workers for the now-shuttered digital media startup The Messenger urged a New York federal judge Friday to certify a class of hundreds of staffers who were terminated with no advance notice in violation of the Worker Adjustment and Retraining Notification Act, saying the law is suited for class wide proceedings.

  • April 12, 2024

    Online Pharmacy Wants Out Of Courier's Misclassification Suit

    An online pharmacy asked a Massachusetts federal judge Friday to toss claims against it in a delivery worker's independent contractor misclassification lawsuit against the pharmacy and its delivery provider, saying the delivery company is the worker's sole employer.

  • April 12, 2024

    Calif. Forecast: Twitter Wants Age Bias Suit Tossed

    In the coming week, attorneys should keep an eye out for the potential dismissal of a proposed age discrimination class and collective action against Twitter Inc. and its successor, X Corp. Here's a look at that case and other labor and employment matters on deck in California.

  • April 12, 2024

    NY Forecast: 2nd Circ. Hears Tech Co. Retaliation Suit

    This week, the Second Circuit will consider a former marketing manager's lawsuit claiming that the head of the technology company where she worked sexually harassed her and that she was fired after she refused his advances. Here, Law360 explores this and other cases on the docket in New York.

  • April 12, 2024

    SC Home Care Co. Pays $37K For Misclassifying Workers

    A South Carolina home healthcare company paid more than $37,000 after it misclassified 35 workers, the U.S. Department of Labor announced.

  • April 11, 2024

    Chipotle Pays $2.9M To End Seattle Wage Violation Probe

    Fast-food chain Chipotle has agreed to pay nearly $2.9 million to more than 1,800 workers at eight of its restaurants in Seattle to resolve the city's investigation into employees' allegations that the employer violated local ordinances governing sick pay and scheduling, a city labor agency announced Thursday.

  • April 11, 2024

    City Council Pushes Minneapolis Ride-Share Ordinance Date

    The Minneapolis City Council unanimously agreed Thursday to postpone to July 1 the effective date of an ordinance setting up ride-share drivers' minimum wages, temporarily avoiding a Lyft and Uber exodus from the city.

  • April 11, 2024

    Supermarket Chain Settles Fired Manager's Sex Bias Suit

    A supermarket chain will pay a former store manager $25,000 to shutter her New York federal court suit claiming she was paid less than her male counterparts, and she was fired after complaining that her male supervisor favored those male colleagues, according to a Thursday filing.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    Ariz. Contractor Owes $890K For Wage, Child Labor Violations

    An Arizona construction contractor specializing in painting will pay $890,000 to settle a U.S. Department of Labor suit accusing it of denying overtime rates and running afoul of child labor laws and recordkeeping requirements, according to papers filed Thursday in Arizona federal court.

  • April 11, 2024

    Tech Co. To Pay Ex-Worker $7K To End Anxiety Firing Suit

    A computer and cellphone accessory manufacturer will pay nearly $7,000 to end a former worker's suit alleging unpaid overtime as well as a failure to accommodate her extreme anxiety, a Georgia federal judge ordered Thursday, approving the deal.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 11, 2024

    Victoria's Secret Says Settlement Bars COVID Screening Suit

    Victoria's Secret Stores has asked a California federal judge to grant it a win in a lawsuit alleging it should have paid employees for the time they spent in pre-shift COVID-19 screenings during the pandemic, saying the claims are barred by a settlement in an identical lawsuit.

  • April 11, 2024

    Urgent Care Flouts OT And Min. Wage Laws, Workers Say

    An urgent care company that New York City tapped to provide services at migrant facilities failed to compensate workers on time while also owing them weeks of pay, two former employees said in a proposed class and collective action in New York federal court.

Expert Analysis

  • 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.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.