Wage & Hour

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-Workers Seek To Appeal $1.3M Tip Deal Denial

    Former employees accusing eight New York City vegan restaurants of wage violations asked a federal judge for a quick appeal of an order denying a proposed $1.3 million settlement, arguing the Second Circuit's take will bring the litigation to a much faster conclusion.

  • July 09, 2024

    NH Brewery Pays $918K For Tip, OT Infractions

    A brewery in New Hampshire paid nearly $918,000 for stiffing 44 workers on their full tips and wages, the U.S. Department of Labor announced Tuesday.

  • July 09, 2024

    Why Stopping 'Hot' Goods Is Key To Fighting Child Labor

    The U.S. Department of Labor's efforts to combat child exploitation include the use of the Fair Labor Standards Act's provision on "hot" goods, an important tool that ups the ante for accountability across the supply chain, experts say.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    State Pay Equity Laws May Ease Path For EEOC Salary Survey

    While the U.S. Equal Employment Opportunity Commission's first attempt to collect salary details from employers faced strong headwinds, experts said the proliferation of state-level pay transparency mandates may make a fresh wage data collection effort an easier lift for businesses.

  • July 08, 2024

    Mass. Court Tosses School Nurses' Breaks Suit

    A Massachusetts appeals panel kept a trial court's decision tossing two school nurses' suit claiming unpaid meal breaks, saying the duo was paid for the breaks they spent while remaining on school grounds.

  • July 08, 2024

    Medical Co. Worker Asks 9th Circ. Not To Revive Arbitral Bid

    A worker asked the Ninth Circuit on Monday to uphold a lower court's determination that her wage claims against a medical product seller are exempt from federal arbitration law, saying a recent U.S. Supreme Court ruling clarifying who qualifies for the exemption supports keeping her claims in court.

  • July 08, 2024

    Chevron Irrelevant To Independent Contractor Rule, DOL Says

    The U.S. Department of Labor pressed a Texas federal court to toss a suit challenging its independent contractor rule, saying that the rule doesn't hurt the trade groups seeking to invalidate it and that the U.S. Supreme Court's recent Chevron decision doesn't move the needle.

  • July 08, 2024

    PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say

    Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.

  • July 08, 2024

    NJ Says State Temp Worker Law Doesn't Conflict With ERISA

    The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by ​the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    DOL Hits Economic Development Co. With Wage Suit

    A company specializing in technology, real estate, energy and healthcare denied workers their full wages and failed to pay some workers any wages, the U.S. Department of Labor alleged in a complaint filed in Kansas federal court Monday.

  • July 08, 2024

    HR Chief Says Conn. City Cut Pay Without Explanation

    Officials in the city of Derby, Connecticut, flouted the municipal human resources director's contractual and constitutional rights when they reduced her annual compensation in March without explanation, according to a lawsuit in federal court.

  • July 08, 2024

    Rig Worker Tells 4th Circ. Oil Co. Not Part Of Arbitration Pact

    An oil and gas exploration and production company cannot try to involve itself in an arbitration pact that doesn't extend to it, a rig worker told the Fourth Circuit, arguing that his misclassification suit should stay in court.

  • July 08, 2024

    EEOC Floats Plan To Reinstate Pay Data Collection

    The U.S. Equal Employment Opportunity Commission is working on reinstalling a shelved data collection initiative aimed at tackling pay inequity by surveying employers for salary details, according to the regulatory agenda of the administration of President Joe Biden.

  • July 08, 2024

    Biggest Wage Legislation Of 2024 So Far

    U.S. cities and states led the way on legislation addressing pay protections for workers in the first half of the year, while federal wage and hour legislation stalled in a divided Congress. Here, Law360 explores the biggest wage and hour legislation of 2024 so far.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Trucking Cos.' Suit Against Contractor Rule Put On Ice

    A Louisiana federal judge stayed five business groups' challenge to a U.S. Department of Labor final rule determining which workers are independent contractors or employees under federal law while the companies appeal the court's denial of a preliminary injunction to the Fifth Circuit.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.