Wage & Hour

  • March 28, 2025

    NJ Says Banking Dept. Retaliation Suit Still Lacks Facts

    New Jersey urged a state court to dismiss a discrimination and retaliation suit from a former acting director at the state's Department of Banking and Insurance, arguing she hasn't backed her claims she was paid less than her male counterparts and lost out on a promotion due to her gender.

  • March 28, 2025

    Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit

    A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.

  • March 28, 2025

    5th Circ. Nixes Fed Contractor Wage Decision After Trump EO

    A Fifth Circuit panel agreed Friday to toss its earlier decision ruling that President Joe Biden had the authority to raise the minimum hourly wage for federal contractors to $15, two weeks after President Donald Trump signed an executive order nixing the wage bump.

  • March 28, 2025

    John Deere Retailer Wants Ga. Claim Axed From OT Suit

    A former employee of a John Deere retailer cannot proceed with a Georgia common law claim accusing the company of illegally profiting off its failure to pay salespeople overtime, the retailer told a federal court, saying the allegation cannot stand separately from the worker's federal wage and hour law allegation.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    Avis Must Face Managers' Misclassification Suit

    Car rental company Avis can't escape managers' collective action accusing it of misclassifying them as overtime-exempt, a New Jersey federal judge ruled, finding a longer time limit for bringing the suit applied because the workers backed up their claims that the company's conduct was willful.

  • March 28, 2025

    Ex-Paralegal Sues Ga. Personal Injury Firm Over 658 OT Hours

    An Atlanta-based personal injury law firm didn't pay a former paralegal for 658 hours of overtime, and it erroneously considered her a salaried-exempt employee, according to a lawsuit filed in Georgia federal court.

  • March 27, 2025

    School Bus Contractor Stiffed Workers On OT, Suit Says

    A provider of school bus services did not pay its drivers their full overtime wages, failed to include nondiscretionary bonuses in their regular rates of pay and did not pay for the time they spent traveling to and from required meetings, a proposed collective action complaint filed in Ohio federal court has alleged.

  • March 27, 2025

    For Trump's DOL, Dueling Interests In Agency Power

    At a time of judicial skepticism of agency power, the Trump administration will have to balance its interest in nixing U.S. Department of Labor rules with its interest in preserving the agency's authority to make such rules, attorneys say.

  • March 27, 2025

    UPS, Workers To Take Military Leave Suit To Mediation

    United Parcel Service and a class of employees alerted a Washington federal court that they intend to mediate the workers' lawsuit accusing the company of failing to pay drivers on short-term military leave while paying those who take time off for jury duty and other short-term absences.

  • March 27, 2025

    Ga. Therapy Clinic Accused Of Refusing OT Payments

    A Georgia mental health clinic was sued Wednesday by a former aide who alleged that she was forced to resign her position with the company last year when it refused to give her thousands of dollars of overtime pay she claims she was owed.

  • March 27, 2025

    Defense Contract Workers Allowed Collective Cert. In OT Suit

    Workers suing an engineering company that contracts with civilian and defense agencies will be able to proceed as a collective on their claims that they were cheated out of overtime, a Virginia federal judge ruled Thursday while trimming the scope of the collective.

  • March 27, 2025

    Raytheon, Black Accounting Workers End Hiring Bias Suit

    Raytheon Technologies Corp. has resolved a lawsuit alleging it refused to permanently hire four temporary Black accountants and replaced them with less qualified non-Black workers, according to a Thursday filing in Texas federal court.

  • March 27, 2025

    Elevance Fails To Pay Wages At Termination, Worker Says

    Elevance Health failed to pay workers their final wages on the business day following their terminations in violation of Connecticut law, and now owes them twice the amount of those wages, according to a proposed class action filed in state court.

  • March 27, 2025

    Ollie's Bargain Outlet Settles Wage Suit With Ex-Worker

    Discount retailer chain Ollie's Bargain Outlet Inc. and a former employee claiming he was misclassified as overtime-exempt told a New York federal court Thursday that they have settled his suit brought under the Fair Labor Standards Act and the New York Labor Law.

  • March 27, 2025

    EMS Co. Accused Of Failing To Pay Proper Overtime

    A private ambulance company has been hit with a proposed class action in Georgia federal court over allegations that it failed to pay workers overtime wages as required by the Fair Labor Standards Act.

  • March 26, 2025

    Judge Tosses Some Wage-Fix Claims Against Meat Packers

    A Colorado federal judge on Wednesday ruled that plaintiffs alleging meat producers conspired to fix industry wages can't recover under certain claims for conduct that happened before January 2020, finding an amended complaint raised a new conspiracy for which the companies weren't on notice they could be held liable.

  • March 26, 2025

    Past DOL Officials Share Advice For New Leadership

    As the U.S. Department of Labor leadership takes shape under President Donald Trump and proceeds on wage and hour and other policy priorities, former officials say the new top brass should listen to career staffers and keep enforcement actions fair. Here is what the former officials told Law360.

  • March 26, 2025

    Wings Restaurant Illegally Retains Tips, Server Says

    Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.

  • March 26, 2025

    Worker Says Koch Foods Fails To Pay For Off-Clock Tasks

    Koch Foods refused to pay workers for the time they spent putting on and taking off protective gear, and it deducted money from their paychecks if they needed items replaced during a workweek, a proposed class action filed in Illinois federal court said.

  • March 26, 2025

    NLRB Defends Finding Illegal Wage Snub To 9th Circ.

    The National Labor Relations Board properly found that a gas supplier violated federal labor law by withholding a raise from a group of unionizing Southern California employees in 2018, board prosecutors told the Ninth Circuit, asking the appellate court to enforce the ruling.

  • March 26, 2025

    Colo. Rehab Center Must Face Nurse's Civil Theft Claim

    A Colorado rehabilitation center can't escape a nurse's civil theft claim in her suit alleging the center required her to work through meal breaks without proper pay, a federal judge ruled, saying a longer statute of limitation applies.

  • March 26, 2025

    Kaiser Left Holiday Pay, Incentives Out Of OT, Worker Claims

    Healthcare company Kaiser Permanente miscalculated workers' overtime by leaving out rates for extra days of work and holidays, according to a proposed class action filed in Colorado state court.

  • March 26, 2025

    Crunch Fitness Fails To Pay All Wages, Worker Says

    Crunch Fitness failed to pay California-based employees for all their hours worked, improperly calculated their overtime pay and lacked a procedure in place by which workers could accrue paid sick time, a Private Attorneys General Act lawsuit said.

Expert Analysis

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.