Wage & Hour

  • March 26, 2025

    House Panel Urges Labor Head To Keep Subminimum Wage

    Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.

  • March 25, 2025

    Ohio Snack-Maker To Pay $1.15M In Worker Wage Settlement

    An Ohio federal judge on Tuesday approved a $1.15 million settlement ending a collective action that accused snack manufacturer Shearer's Foods of having employees work overtime without pay, including doing necessary preshift sanitation and preparation work.

  • March 25, 2025

    NCAA Baseball Coaches Ask Court To OK $49M Wage-Fix Deal

    A group of Division I volunteer baseball coaches has asked a California federal court to sign off on a proposed settlement under which the NCAA would pay $49.25 million to roughly 1,000 coaches to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.

  • March 25, 2025

    Federal Contract Issues May Lead To W&H Suits, Lawyer Says

    Eric Leonard, a government contracts and employment lawyer, said he foresees an uptick in unpaid wages litigation and that federal contractors need to assert their rights amid the current uncertainty. Here, Law360 speaks with Leonard about what this turmoil means for contractors and their wage obligations.

  • March 25, 2025

    Recruiter To Pay $6M To End Nurses' Suit Alleging Strict Pacts

    An Ohio federal judge greenlighted a deal in which a healthcare staffing company that recruits nurses from the Philippines will shell out $6 million to settle a suit with about 5,600 workers accusing it of imposing strict employment contracts, not paying overtime and mandating a gossip ban.

  • March 25, 2025

    Hershey Escapes Ex-Production Worker's Leave Bias Suit

    Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.

  • March 25, 2025

    House Panel Split On Independent Contractor, OT Updates

    Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.

  • March 25, 2025

    Media Cos. Want Docs Unsealed In X Workers' Layoff Suit

    More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.

  • March 25, 2025

    NCAA Makes New Bid To Sink Athletes' Wage Suit

    A group of student-athletes still failed to show that their colleges, universities and the NCAA had the joint control typical of employers even after their cases took a trip to the Third Circuit, the association told a Pennsylvania federal court, launching a renewed bid to toss the students' suit.

  • March 25, 2025

    Staffing Co. Workers Can't Get Class Status In NC Wage Suit

    Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.

  • March 25, 2025

    DOJ Says 5th Circ. Fed. Contractor Wage Hike Dispute Moot

    The Fifth Circuit's ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must be nixed because President Donald Trump overturned the rule in an executive order, the U.S. Department of Justice said.

  • March 24, 2025

    Steak 'n Shake To Pay $372K To Settle Wage Dispute

    Restaurant chain Steak 'n Shake will shell out $372,000 to nearly 150 servers who claimed that they were not paid full minimum wages when they spent more than 20% of their time performing nontipped work, as an Ohio federal judge approved the deal Monday.

  • March 24, 2025

    Trump Taps Morgan Lewis Atty To Lead OFCCP

    The Trump administration has selected a former Morgan Lewis & Bockius LLP attorney to lead the Office of Federal Contract Compliance Programs, with the lawyer promising Monday to uphold the president's mandate of stripping the agency's legal authority to investigate bias complaints against federal contractors.

  • March 24, 2025

    Ex-Rikers Island Officer Files Wage Action Against NYC

    A corrections officer at New York's Rikers Island told a federal court that he worked up to 88 hours per workweek and was forced to remain on premises — without getting properly paid for overtime — while missing inmates were located.

  • March 24, 2025

    Older Worker Says Logistics Co. Underpaid Him

    A 76-year-old worker said he was forced to retire because a global logistics provider discriminated against him because of his age and disabilities and misclassified him as a manager to avoid paying him overtime, a lawsuit filed in North Carolina federal court said.

  • March 24, 2025

    DOL Abandons Biden's Wage Hike For Federal Contractors

    The U.S. Department of Labor said it is no longer enforcing the Biden-era minimum wage for federal contractors after President Donald Trump axed the raise, asking the Ninth Circuit to vacate a panel's decision against the wage bump.

  • March 24, 2025

    Xerox Workers Prevail On Washington Wage Law Claim

    Xerox failed to pay call center workers in compliance with Washington state's minimum wage law, a federal judge ruled while saying it's unclear just how much the company owes a class of about 4,800 current and former employees.

  • March 24, 2025

    Justices Won't Review San Francisco Nurses' Salary Dispute

    The U.S. Supreme Court declined on Monday to review a case about whether San Francisco nurses were misclassified and are entitled to overtime pay because they were not paid a true salary under the Fair Labor Standards Act — an issue that recalls the high court's ruling in Helix Energy Solutions Group Inc. v. Hewitt.

  • March 21, 2025

    Ex-Worker, Oilfield Services Co. Settle Misclassification Suit

    A Texas-based oilfield support services company and a former employee have reached a settlement in the ex-employee's wage lawsuit accusing the company of misclassifying workers as independent contractors to avoid paying overtime, the parties told a Texas federal court.

  • March 21, 2025

    Full Fed Circ. To Mull Loper Bright's Impact On Nurse OT Case

    The full U.S. Court of Appeals for the Federal Circuit will consider a suit from a former nurse of the government-run Indian Health Service claiming she's owed a higher rate of overtime, weekend and holiday pay, asking both the worker and the government to address how the U.S. Supreme Court's Loper Bright decision affects the case.

  • March 21, 2025

    Colo. Health System Incorrectly Calculates OT, Workers Say

    A Colorado healthcare system failed to account for the extra pay employees earn when working on holidays when calculating their overtime rates, a proposed class action removed to federal court said.

  • March 21, 2025

    NY Forecast: NFL Arbitration Bid In Race Bias Suit At 2nd Circ.

    This week, the Second Circuit will hear the National Football League's appeal of a lower court decision partially denying its bid to send former Miami Dolphins head coach Brian Flores' racial bias suit to arbitration.

  • March 21, 2025

    4 Employer Takeaways From Google's $28M Pay Bias Pact

    A $28 million settlement in a suit accusing Google of violating California law by paying white and Asian workers better than some nonwhite colleagues should serve as a "wake-up call" for employers in the state, experts say. Here, experts who spoke to Law360 lay out four takeaways for employers.

  • March 21, 2025

    Calif. Forecast: Car Dealership Challenges NLRB Structure

    In the coming week, attorneys should keep an eye out for a ruling on a car dealership's attempt to halt National Labor Relations Board proceedings based on an argument that the board's structure is unconstitutional. Here's a look at that case and other labor and employment matters coming up in California.

  • March 21, 2025

    Gov't Backs GEO To Have Full 9th Circ. Mull $23.2M Wage Row

    A Ninth Circuit panel disregarded Congress' wishes when it ordered the GEO Group to pay $23.2 million because it needed to pay detainees in a work program under Washington state's minimum wage, the government said, backing the company's bid for rehearing.

Expert Analysis

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.