A fresh split between state appeals courts in New York on how to enforce a weekly pay requirement is making it hard for federal courts to know which precedent to follow, attorneys told Law360.
The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.
As the U.S. Supreme Court considers whether an interstate transportation worker exemption to federal arbitration law depends on a worker’s industry, attorneys said employers could avoid the issue by rewriting arbitration agreements to focus instead on state arbitration laws. Here, Law360 explores the issue.
The Federal Arbitration Act is clear that courts should issue a stay on arbitrable suits, three delivery drivers told the U.S. Supreme Court, arguing that a Ninth Circuit decision tossing their misclassification claims clashes with the federal statute.
A Michigan hospital has been refusing to pay a group of nurses and technicians overtime wages by automatically deducting pay for meal breaks they cannot take, according to a proposed collective action filed in federal court.
An Atlanta strip club and a dancer who said she and her colleagues were denied minimum or overtime wages told a Georgia federal court Monday that they had reached a $10,000 settlement to their wage dispute.
Employees of a United Airlines subsidiary who cleaned aircraft in Colorado airports were denied time-and-a-half overtime pay when they voluntarily picked up colleagues' shifts, two workers have alleged in a proposed class action filed in Colorado federal court.
A Pennsylvania county snagged a partial win in three deputy coroners' suit claiming unpaid overtime and retaliation, even though a federal judge said it is still not clear whether the workers fall under a federal exemption even after the case went to the Third Circuit.
Pilot Travel Centers' timekeeping systems would often kick night-shift workers off the clock and short workers on both minimum and overtime wages, according to a proposed collective action in Indiana federal court brought by a group of former workers.
A North Carolina Business Court judge on Monday chided counsel on both sides of an employment dispute for missing important deadlines on the eve of a jury trial, causing him to postpone the trial indefinitely and contemplate dismissing the case entirely.
Exercise equipment company Peloton agreed to pay $1.6 million to settle three consolidated lawsuits alleging several wage and hour violations, spanning from allegations of miscalculating overtime to claims under California's Private Attorneys General Act.
A life insurance company prevailed against disability claim analysts alleging they were wrongfully denied overtime pay, as an Illinois federal judge tossed their suit because the workers are administrative employees exempt from overtime requirements.
Delivery drivers who contract with a company to transport furniture for Ashley Furniture are misclassified as independent contractors and deprived of minimum and overtime wages despite the company having complete control over their jobs, an ex-worker claimed in a proposed class action in Florida federal court.
The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.
Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.
California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.
An Illinois fire department did not fail to accommodate a firefighter's disability by requiring him to attend college classes before giving him a raise, the Seventh Circuit ruled Friday, because raises are not something that workers are necessarily entitled to.
A payroll and human resources company required its recruiters to obtain written pre-approval to work overtime and receive pay for it but never greenlighted any overtime, resulting in employees working off the clock without pay, according to a proposed collective action filed in California federal court Friday.
A hospital operator underpays its staff by erasing instances of workers clocking in early and punishing incidents of tardiness, a worker alleged in a proposed class and collective action filed in Oklahoma federal court.
A Delaware Chancery judge's rejection of Elon Musk's $55 billion Tesla pay package shows how a court historically viewed as corporate-friendly may be shifting, one of several trends executive compensation experts told Law360 they're seeing. Here are four issues executive pay lawyers should have on their radar.
An online shift-booking platform for hotel and restaurant workers will pay $1.75 million to end claims by San Francisco's city attorney and the state of California that it engaged in wage theft by misclassifying thousands of jobs in the hospitality industry, according to court papers.
A safety services provider failed to pay inspectors overtime even if they regularly worked more than 40 hours per week, a former employee said in a proposed class and collective action in New Mexico federal court.
A home care company in Virginia paid nearly $900,000 in back wages and damages for denying workers their overtime pay, the U.S. Department of Labor announced.
A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.
In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.
This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.
A former vice president for finance and administration at a Pennsylvania metals company told a state court that he was promised yearly performance-based bonuses of about $20,000, but was thwarted by the company's lack of goals and its claim that it wasn't performing well enough even as other employees got bonuses.
It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.