Wage & Hour

  • March 04, 2024

    Musk Fired Twitter Execs To Avoid $200M Bill, Suit Says

    Elon Musk fired four top Twitter executives just minutes after he closed on his deal to buy the company, now called X Corp., to avoid paying them $200 million in severance benefits, they told a California federal court Monday.

  • March 04, 2024

    Philly Uber Drivers Tell Jury They're Employees

    Counsel for Uber drivers told a federal jury in Philadelphia on Monday that the ride-hailing company saved big on labor costs by misclassifying them as independent contractors instead of employees entitled to benefits.

  • March 04, 2024

    Server Asks To Settle Out Of Tip Theft Suit For $16K

    A New York City restaurant group and a worker who said she was denied all the tips guaranteed to her under the Fair Labor Standards Act asked a New York federal court on Monday to sign off on a $16,000 settlement of her claims.

  • March 04, 2024

    H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial

    A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.

  • March 04, 2024

    Ohio Metal Parts Maker, Workers Seek OK Of Wage Settlement

    An Ohio-based metal parts manufacturer and a pair of workers who alleged they were stiffed for untaken breaks and time spent changing into safety gear told an Ohio federal court Monday that they had resolved their Fair Labor Standards Act dispute.

  • March 04, 2024

    JPMorgan's Arbitration Fee Delay Trims Wage Suit

    JPMorgan Chase can't push into arbitration a former branch manager's claims not related to her wage and hour ones because it failed to timely pay the arbitration fees, a California federal judge ruled.

  • March 04, 2024

    Hawaii Construction Co. Pays $134K For OT Violations

    A residential construction company in Hawaii paid nearly $134,000 in back wages, damages and fines for denying 43 workers overtime pay, the U.S. Department of Labor announced Monday. 

  • March 04, 2024

    Alston & Bird, DEI Staffer Could Face Contempt In OT Row

    Alston & Bird LLP and a former diversity and inclusion administrator who agreed to end unpaid overtime claims might face contempt rulings after they disregarded the court's requests to submit a settlement agreement, a Georgia federal judge said.

  • March 04, 2024

    Smoke Shop Worker Says Planet Zong Didn't Pay Full Wages

    A former worker for Arizona's Planet Zong smoke and vape shop is suing the company, saying that it misclassified him as an independent contractor when he was an employee, and didn't pay him minimum wage and overtime as required under federal law.

  • March 01, 2024

    Collective Decertified In Package Couriers' Unpaid OT Suit

    Package couriers must individually pursue claims that a delivery company misclassified them as independent contractors and denied them overtime pay, an Ohio federal judge ruled, decertifying a collective of workers after finding that their schedules varied too widely to justify group treatment.

  • March 01, 2024

    HSBC Must Turn Over Data In Lunch Break Pay Suit

    A New York magistrate judge ordered HSBC Bank to turn over a trove of metadata from texts, emails and other communications to prove whether its bankers were forced to work through their lunch breaks, ruling that the documents requested would behoove discovery.

  • March 01, 2024

    Calif. Forecast: State Justices To Hear 'Intentionality' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 01, 2024

    Investment Co. Ordered To Follow Wage Suit Settlement

    An investment advisory company must abide by a settlement previously approved by a New York federal court to resolve a former employee's unpaid wage claims, a federal judge has ruled.

  • March 01, 2024

    Booz Allen Says Ex-Employee Can't Tie Firing To Sex

    A former Booz Allen Hamilton worker pursuing a sex discrimination and retaliation suit failed to demonstrate how she would have been differently treated if she were male, the defense contractor and management consulting firm argued in urging a Virginia federal court to toss the case.

  • March 01, 2024

    Trucking Co. Seeks Early Win In Colo. Drivers' OT Suit

    A trucking company has asked a Colorado federal judge to grant it a win in a group of drivers' lawsuit alleging unpaid overtime, arguing that the workers can't prove the statute of limitations should be extended to cover their claims.

  • March 01, 2024

    Employment Law Firm Sues IT Co. Over Ransomware Attack

    California-based employment law firm Mastagni Holstedt has sued an IT solutions company in Sacramento County Superior Court, saying that after hiring the company to install a network system and server, the firm suffered a ransomware attack forcing it to pay a group known as Black Basta to retrieve its data.

  • March 01, 2024

    Feds Likely To Drop Ban On States' Rest, Meal Break Rules

    Rules in California and Washington that require rest and meal breaks for workers may once again apply to commercial truck and bus drivers if the U.S. Department of Transportation moves forward with proposals to loosen its regulatory action that preempts them, observers told Law360.

  • March 01, 2024

    DOL Seeks To Stop Indiana Liquor Store's 'Wanton' Behavior

    An Indiana liquor store is forcing employees to sign sham documents indicating it is paying wages back under a deal it reached with the U.S. Department of Labor, the department said, urging a federal court to halt the "wanton" behavior.

  • March 01, 2024

    Bathroom Remodel Co. Looks To Push OT Suit To Arbitration

    A bathroom remodeling company asked a Tennessee federal judge to send a home inspector's unpaid overtime claims into arbitration and toss his proposed collective action, saying the worker signed an agreement requiring him to arbitrate his wage issues.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.

  • February 29, 2024

    Houston Judge Again Declines Recusal In Back Wages Fight

    A Texas state judge again declined to recuse himself in a dispute between a Lewis Brisbois partner and his previous law firm after the partner filed a motion accusing the judge of allowing counsel for a Houston firm to "engage in numerous attacks" against him based on his sexuality.

  • February 29, 2024

    Nurses Say UnitedHealthcare Hid Colleagues From Settlement

    A class of registered nurses seeking to settle claims that UnitedHealthcare improperly denied them adequate overtime compensation asked a New Mexico federal judge to sanction the company because, the class alleged, it withheld some eligible members from a class list.

  • February 29, 2024

    9th Circ. Revives Ex-Terminix Worker's PAGA Wage Suit

    A Ninth Circuit panel directed a lower court Thursday to consider a former Terminix worker's constitutional standing to bring representative wage claims while his individual claims undergo arbitration, saying arbitration does not revoke his right to bring representative claims.

  • February 29, 2024

    Calif. Appeals Court Says PAGA Claims Should Be Arbitrated

    A California appeals court partially reversed a trial court order denying a painting contractor's bid to compel a worker's wage lawsuit into arbitration, ruling that individual claims can head to arbitration while suggesting that representative claims should be stayed.

  • February 29, 2024

    Steel Co. Ends Paternity Leave Bias Suit In $200K Deal

    A steel manufacturer has agreed to hand over about $200,000 to end a sex discrimination suit alleging the company gave paid parental leave only to mothers and not fathers, according to a Thursday order from a Michigan federal judge giving the deal the final green light.

Expert Analysis

  • 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.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • 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.