State and city lawmakers are expected to keep passing increased worker protections in the coming year, including expanded leave laws, salary history bans and minimum pay standards for app-based workers — signaling a sustained shift in workplace norms, attorneys said. Here, Law360 explores the legislative trends that employment law practitioners should watch out for in 2024.
The U.S. Department of Labor set the publishing date for the final rule determining employees' overtime eligibility, while missing its self-imposed November deadline for a final rule that would sort out workers' classification.
As the U.S. Supreme Court continues to weigh who qualifies for the Federal Arbitration Act’s interstate transportation worker exemption, state arbitration laws remain an option for employers and an obstacle for workers. Here, Law360 explores the state arbitration law issue in light of high court cases.
A California state judge on Friday certified a class of at least 8,900 women who say The Walt Disney Co. paid them less than their male colleagues, rejecting Disney's argument that the women failed to adequately identify "substantially similar" jobs performed by the men and women.
A deal that will see a diagnostic imaging company pay $768,000 to technologists who alleged they were denied adequate meal breaks earned a California federal judge's final stamp of approval Friday.
Rocket Mortgage can't duck claims that it compelled mortgage brokers to work overtime hours without commensurate pay, as an Arizona federal judge ruled that workers' claims about their regular after-hours work were specific and plausible.
The U.S. Supreme Court agreed Friday to mull whether a deadline to challenge the Merit Systems Protection Board's decisions can have any wiggle room, taking up a U.S. Department of Defense worker's challenge to a Federal Circuit decision deeming his appeal untimely.
The U.S. Department of Labor urged a Michigan federal judge Friday to sign off on a settlement ending its suit accusing the owner of an assisted living facility of retaliating against workers who had helped the department in its investigation into the business's pay practices.
The House Education and the Workforce Committee's chairwoman urged the U.S. Department of Labor to commit that it will not issue its own version of a rule mulling joint employment like the National Labor Relations Board recently did.
Ex-servers for a pair of Manhattan eateries urged a New York federal court to certify a class of workers they say were underpaid and forced to share tips with ineligible colleagues, arguing that common proof could determine whether the restaurants' pay policies were lawful.
A proposed class of pilots can't invalidate 57 settlement releases in its wage and hour lawsuit against an airline, a California federal judge has ruled, saying that while the airline could have done a better job of communicating with proposed class members, the pilots are sophisticated enough to advocate for themselves.
A California federal judge cut a supervisor free from a former driver's suit alleging her transportation company mistreated and eventually fired her because of her older age and diabetes, ruling that the driver didn't show the discipline she faced for paperwork mistakes was harassment.
This week, the Second Circuit will consider a former Federal Aviation Administration employee's lawsuit claiming he was retaliated against for a race discrimination suit he filed against the agency. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
In the coming week, attorneys should watch for a potential judgment on the pleadings in a proposed wage and hour class action against United Airlines Inc. Here's a look at that case and other labor and employment matters coming up in California.
A bus driver alleged a Savannah school district has been neglecting to pay drivers their full overtime wages owed by failing to factor performance bonuses into overtime premium calculations, according to a new proposed collective action filed in Georgia federal court.
The Ninth Circuit can decide immediately whether the U.S. Department of Labor should have required employers to pay foreign harvest workers at a higher rate available, a union and a worker said, arguing the issue at stake is straightforward.
An attorney for a proposed class of drivers alleging Uber's ratings system is racially biased told the Ninth Circuit on Thursday that the lower court kept "moving the goalpost" through multiple amended complaints while requiring evidence not required at the pleading stage.
Better Mortgage's bid to revive the new arbitration and release agreements it gave to possible class members after being faced with a wage and hour class action can't stand, a Ninth Circuit panel ruled Thursday, saying it lacked jurisdiction over that challenge.
A North Carolina federal judge declined to revise his final decision that several partner entities of an Apple-affiliated repair company were liable for hundreds of thousands of dollars in damages in a multistate wage class action, saying he did not find any issues warranting a correction.
My Pillow will pay 100 current and former customer service workers nearly $37,000 in a settlement resolving claims that it violated the Fair Labor Standards Act and Minnesota wage law by compelling them to perform preshift work booting up their computers without pay.
The U.S. Department of Labor told a California federal court not to allow a supermarket to block discovery proceedings in a wage investigation, saying the "one-sided and ultimately undefined" pause would prevent workers from receiving back wages they're owed.
A North Carolina credit union forced call center workers to perform preshift activities and to wait at their workstations after their shifts without commensurate overtime pay, a former employee alleged in a proposed class and collective action in federal court.
Michigan's Supreme Court justices appeared aware on Thursday that employers are anxiously awaiting their ruling on the state's minimum wage and sick time laws, devoting some of the day's arguments to the practicalities of what would happen if they struck down the current laws.
The risk posed by COVID-19 is not specific to work performed in Amazon's warehouses, an Illinois federal judge said Thursday, ruling that coronavirus screenings mandated by the company are not compensable under federal and state laws because they are not integral to employees' work.
A civilian who was charged with the management of lodging services at a U.S. Air Force base was denied access to paid safety leave during the COVID-19 pandemic, he told an Arizona federal court.
A California elder care company will pay $5.5 million to 148 employees who were denied their full wages, the California Labor Commissioner's Office said.
Workers accusing translation services company TransPerfect of underpaying their overtime wages mostly endorsed a New York federal magistrate judge's recommendation to certify their class of over 200 account executives while asking the court to expand the class definition.
In a dispute over whether the Allegheny County Council or the county executive has the power to set the minimum wage for county employees, a Pennsylvania state court came down in favor of the executive Wednesday.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.
Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.
Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.