Wage & Hour

  • March 21, 2025

    Teamsters Unit Wants Out Of Black UPS Worker's Bias Suit

    A Black UPS employee's claims against a Teamsters unit should be tossed, the union told a Mississippi federal court, saying that he cannot show the union treated him unfairly and that it cannot be held responsible for interfering with his medical leave rights.

  • March 20, 2025

    SeaWorld Wants Ex-Worker's Wage Suit Sent To Arbitration

    A former SeaWorld employee's wage suit should be sent to arbitration, the company told a California federal judge, saying the worker electronically signed a document three years ago that committed him to arbitrating employment-related disputes with the company.

  • March 20, 2025

    DOL Must Face Part Of Trade Groups' Prevailing Wage Suit

    The U.S. Department of Labor cannot fully escape a lawsuit from two trade associations challenging the agency's final rule updating prevailing wage rates for federal construction projects, with a Texas federal judge finding the groups showed that their members could be harmed by the changes.

  • March 20, 2025

    NC Statehouse Catch-Up: Helene, Crypto, Curbing The AG

    Hurricane Helene is still center stage in the North Carolina General Assembly nearly six months after it tore through a large swath of the state, with the governor signing off on the latest round of funding as one lawmaker seeks to carve out cash to rebuild a destroyed courthouse.

  • March 20, 2025

    DOGE Office Closures Raise Wage Enforcement Worries

    The Department of Government Efficiency's proposed termination of U.S. Department of Labor office leases could impact wage and hour enforcement and compliance assistance for employers, some former agency officials say, though others say office cuts make sense for field workers.

  • March 20, 2025

    Ex-Harvard Coach's Bias Suit Filed On Time, Judge Advises

    Harvard University shouldn't escape a former ice hockey coach's suit alleging she was forced into retirement for complaining that she was treated differently from her male colleagues, a Massachusetts federal judge recommended, saying her claims were filed within the statutory time limits.

  • March 20, 2025

    Workers Say Construction Co. Fails To Pay Prevailing Wages

    A building materials company does not pay prevailing wages to employees assigned to public works projects and requires workers to perform off-the-clock tasks that result in unpaid overtime, two crane operators said in a proposed class action in Pennsylvania federal court.

  • March 20, 2025

    American Airlines Strikes Deal To End Preshift Work Suit

    American Airlines agreed to pay $185,000 to end a customer service worker's class action accusing the company of requiring employees to complete substantial preshift work without pay, according to a filing in Arizona federal court.

  • March 19, 2025

    Prior Deal Bars Class Claims In Victoria's Secret COVID Suit

    A former Victoria's Secret employee's proposed class claims that the lingerie company failed to pay for mandatory pre-shift COVID-19 screenings fall under a settlement in a separate, pre-pandemic suit that also claimed certain off-the-clock activities went unpaid, a California federal judge ruled.

  • March 19, 2025

    Frontier Wants Technician's Retaliation Claim Tossed

    A technician's claim alleging he was fired for complaining about unpaid travel wages should be thrown out, Frontier Communications and a staffing contractor told a Florida federal court, saying the payment his complaint was over isn't covered by the Fair Labor Standards Act.

  • March 19, 2025

    Conn. Barber Says She Faced Anti-Polish Bias, Docked Pay

    A former barber at a Greenwich, Connecticut, hair salon has taken her ex-employer to federal court for allegedly discriminating against her for being from Poland, failing to pay overtime, and docking her pay for "house charges" to cover amenities she was never given at work.

  • March 19, 2025

    MLM Cosmetics Co. Doesn't Pay Any Wages, Stylist Says

    A multilevel marketing company illegally classifies stylists as independent contractors, thus forcing them to foot the bill for promoting the company's products, and only pays workers a commission and for recruiting more stylists, a lawsuit filed in California state court said.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    University Didn't Pay Wages, Benefits, Faculty Members Say

    The now-defunct Union Institute & University cheated 35 faculty members out of wages, and misappropriated and lied about their health insurance benefits, the employees said in a lawsuit filed in Ohio federal court.

  • March 19, 2025

    Ark. Hospital, Outsourcing Co. Strike Deal To End Pay Suit

    An Arkansas hospital and an outsourcing company will pay $2,500 to resolve a former employee's suit alleging she was forced to work through her lunch breaks and wasn't properly compensated for this extra time, a motion filed Wednesday in federal court said.

  • March 19, 2025

    Delivery App Gopuff Misclassifies Workers, DC AG Says

    Delivery company Gopuff misclassifies its workers as independent contractors to avoid paying them minimum and overtime wages and to skirt its obligations to pay into Washington, D.C., public benefit programs, the district's attorney general alleged.

  • March 18, 2025

    9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed

    The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.

  • March 18, 2025

    Vans Facility Subjected Employees To Extreme Heat, Suit Says

    A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.

  • March 18, 2025

    Film Producer, Crew Settle Failed Movie Wage Suit

    A film producer has settled a wage class action filed against him by the crew that worked on an abandoned film project about a Little League baseball team, bringing the 4-year-old litigation to an end in Georgia federal court Tuesday.

  • March 18, 2025

    Bojangles Managers Want Collective Upheld In Wage Suit

    Bojangles managers urged a North Carolina federal court to reject their employer's bid to decertify their collective, saying the company is misrepresenting a Fourth Circuit opinion that determined the trial court acted too quickly when it granted their bid for class status.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling

    The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.

  • March 18, 2025

    Minn. Independent Contractor Challenge Could Be Bellwether

    A challenge to a Minnesota independent contractor test could have a domino effect nationwide if the construction groups challenging the law over its ambiguity are successful since such classification tests are by nature vague, attorneys say.

  • March 18, 2025

    Pa. Shell Plant Workers Get Cert. For Commute Time Suit

    Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.

  • March 18, 2025

    Carnival Co. Must Face H-2B Visa Workers' Wage Suit

    A traveling carnival business and its president cannot avoid a proposed class action alleging they forced workers employed through the H-2B visa program to work long hours without overtime pay, a Virginia federal judge ruled, saying there's not enough evidence to warrant a pretrial win.

Expert Analysis

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.