Wage & Hour

  • April 29, 2024

    Wells Fargo Didn't Pay For Out-Of-Shift Work, Suit Says

    Wells Fargo has for years enforced a companywide policy that denies overtime pay to workers tasked with opening and closing its branches, according to a lawsuit filed by a former employee at one of the bank's Atlanta-area locations.

  • April 29, 2024

    Calif. Judge OKs $1M Deal In Strawberry Pickers' Wage Suit

    A California federal court gave the first sign-off to a $1 million deal that would end hundreds of strawberry pickers' claims that they were forced to work at unsafe speeds for allegedly little pay.

  • April 29, 2024

    DOL Issues Guidance On Using AI In The Workplace

    The U.S. Department of Labor issued guidance Monday on how employers can carefully use artificial intelligence, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

  • April 29, 2024

    Ga. Judge Won't Approve $37K Settlement In FLSA Suit

    A Georgia federal judge has refused to approve a settlement between a corporate office furnisher and a former employee who says he was fired after complaining about being stiffed for hundreds of hours of compensable work, finding two provisions in the deal make it impossible to approve.

  • April 29, 2024

    DOL Wants Quick Win In Pa. Care Co. Wage Suit

    The U.S. Department of Labor urged a Pennsylvania federal judge on Monday to grant it a pretrial win in its case accusing a private healthcare agency of failing to pay in-home caregivers overtime and minimum wages, saying the workers are protected by federal wage law.

  • April 29, 2024

    Anthem Seeks Early Win, Decertification In OT Suit

    Insurance company Anthem asked a Georgia federal judge to grant it a quick win in an unpaid overtime suit and to decertify a class of nurses, saying it had properly classified the nurses as overtime-exempt and that they fit multiple exemptions to federal overtime laws.

  • April 29, 2024

    Pizza Delivery Drivers' Expense Dispute Reopened

    A suit accusing a pizza company of under-reimbursing drivers that took a trip to the Sixth Circuit will be back on track in Michigan federal court after a federal judge granted the parties' bid to reopen the case.

  • April 29, 2024

    Ohio Call Center Worker Says Energy Co. Stiffed OT Wages

    Dominion Energy Ohio required its call center workers to do between 10 and 40 minutes of pre-shift work without paying them for it, according to a new proposed collective action filed in Ohio federal court.

  • April 29, 2024

    Fla. Furniture Manufacturer Pays $101K For OT Violations

    An outdoor furniture manufacturer in Florida paid nearly $101,000 in back wages, damages and fines for denying workers their overtime rates, the U.S. Department of Labor announced Monday.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    AECOM, Construction Workers Settle Pay Suit In NY

    A group of construction workers told a New York federal judge Friday that they reached a settlement to end their suit claiming AECOM and one of its units paid them late and owed them overtime, saying the deal would prevent them from being left empty-handed.

  • April 26, 2024

    Ex-Mass. Trooper Handed 5 Years For No-Work OT, Tax Fraud

    A former Massachusetts state trooper convicted of stealing overtime pay, lying on his taxes and cheating to get student aid for his son was sentenced Friday by a federal judge to five years in prison for his leadership role in the sprawling overtime fraud scheme.

  • April 26, 2024

    HCA Owes OT, Break Wages, Ex-NC Hospital Worker Says

    A longtime respiratory therapist at a western North Carolina hospital accused the system's owners of manipulating employees' time sheets to remove hours they worked and automatically deducting lunch breaks workers couldn't take in a proposed collective action filed in federal court.

  • April 26, 2024

    Hospital Staffing Firm Can't Back Out Of PAGA Settlement

    An emergency services provider must follow a deal settling physicians' claims under California's Private Attorneys General Act, a state appeals panel ruled, rejecting the company's argument that a U.S. Supreme Court ruling could have forced those claims into arbitration.

  • April 26, 2024

    Flight Attendants Seek Class Status In FMLA Penalty Suit

    Former and current Southwest flight attendants have asked a California federal judge for class status in their suit claiming the airline punished workers who took family or medical leave by blocking them from improving their disciplinary records, arguing that their allegations are best resolved collectively.

  • April 26, 2024

    Trucking Firm Sues To Block Independent Contractor Rule

    A trucking company that hires owner-operators wants to stop the U.S. Department of Labor's new independent contractor rule from taking effect, saying it replaces a relatively simple test with an open-ended one that makes it unclear whether workers must be treated as employees, opening employers up to wage violations.

  • April 26, 2024

    Calif. Restaurants Pay $254K For Wage Violations

    The owner and operator of four California restaurants paid more than $254,000 in back wages, damages and fines for willfully denying 10 workers overtime and minimum wages, the U.S. Department of Labor said.

  • April 26, 2024

    Ex-BP Commodities Trader Says Co. Reneged On Bonus

    A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.

  • April 26, 2024

    Citizens Bank Says It Properly Factored Commissions Into OT

    A group of mortgage loan officers' claim that Citizens Bank did the math wrong when calculating their overtime can't stand, the bank said, telling a Pennsylvania federal judge that the way it considered commissions in overtime complies with state law.

  • April 26, 2024

    Calif. Forecast: Wells Fargo & Co Wants Out Of Wage Suit

    In the coming week, attorneys should keep an eye out for a potential ruling on whether to dismiss Wells Fargo & Co. from a proposed wage and hour class and collective action. Here's a look at that case and other labor and employment matters on deck in California.

  • April 26, 2024

    3 Ways The FTC's Noncompete Ban Will Affect Employers

    The Federal Trade Commission's recently finalized rule imposing a near-total ban on companies making workers sign noncompete agreements marks a seismic change in the legal landscape that will spur new trends in litigation and ease the path for workers to leave jobs they don't like, experts say. Here are three ways the new rule will affect the employment law arena.

  • April 26, 2024

    NY Forecast: 2nd Circ. Hears TD Bank Discrimination Suit

    This week, the Second Circuit will hear a former TD Bank manager's attempt to revive his suit claiming he was fired from his branch because he requested parental leave and because of his gender. Here, Law360 explores this and other cases on the docket in New York.

  • April 26, 2024

    Workers Say Minn. Food Producer Broke Wage, Migrant Laws

    A canned and frozen vegetable producer and supplier broke its promise to provide migrant farmworkers with adequate housing, and it deducted excessive amounts from their paychecks for rent and failed to pay overtime wages, according to a proposed collective action in Minnesota federal court.

  • April 26, 2024

    Parking Co. Strikes $1.4M Deal To End Pay Transparency Suit

    A parking lot company has agreed to pay a class of almost 300 job seekers $1.4 million to shutter a suit claiming it shirked a Washington pay transparency law requiring that all job postings include salary and benefit information, according to state court filings.

Expert Analysis

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Predictions On Salary Levels In Proposed DOL Overtime Rule

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    In May, the U.S. Department of Labor is expected to propose new salary thresholds for overtime exemptions for both executive, administrative and professional employees and highly compensated earners under the Fair Labor Standards Act, and based on methodologies used in recent DOL rules, it will likely increase both thresholds, says Stephen Bronars at Edgeworth.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Retail Employer Strategies For LA Fair Work Week Ordinance

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    The recently effective Los Angeles Fair Work Week Ordinance changes how employers in the retail trade industry approach scheduling and hiring employees, so they should consider creating new standardized forms and procedures to maintain compliance and avoid penalties, say Thomas Petrides and Charlie Wang at Vedder Price.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • 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.