Wage & Hour

  • February 28, 2025

    Colo. Corrections Dept. Says No Pay Needed For On-Call Time

    A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.

  • February 28, 2025

    Calif. Forecast: 9th Circ. Hears NLRB, UPS, Teamsters Dispute

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a labor dispute involving the National Labor Relations Board, a UPS subsidiary and an International Brotherhood of Teamsters local. Here's a look at that case and other labor and employment matters on deck in California.

  • February 28, 2025

    Residential Care Cos. To Pay $2.5M In DOL Overtime Suit

    A group of California residential care facility operators admitted to failing to pay caregivers for the overtime they worked and will pay $2.5 million in back wages and damages under a deal with the U.S. Department of Labor that got approved by a federal judge.

  • February 28, 2025

    Logistics Co. Can Arbitrate Most Claims In Wage Dispute

    A California federal judge partially granted a logistics company's bid to send to arbitration a former worker's wage and hour lawsuit, saying some of the worker's claims must stay in court because they are exempted from state arbitration laws.

  • February 28, 2025

    Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

    When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

  • February 27, 2025

    5th Circ. Won't Revive Sheriff's Workers' Leave Policy Suit

    The Fifth Circuit declined Thursday to reinstate a lawsuit employees brought against the Harris County Sheriff's Office over a policy restricting how they can use the compensatory time off they receive in lieu of overtime wages, saying the workers cannot show they have a property interest to the accrued time.

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    DOL Watchdog Asks To Ensure Wages Are In H-2A Certs

    The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.

  • February 27, 2025

    Drivers' Calif. Wage And Hour Suit Belongs In State Court

    A California federal court ruled it had no jurisdiction over a suit by two drivers lodging wage and hour claims under state law against a food distributor, allowing the case to be refiled in state court.

  • February 27, 2025

    Ex-Worker Says Manufacturer Fails To Pay For Off-Clock Work

    A pharmaceutical manufacturing company requires hourly employees to perform tasks before and after their shifts but fails to compensate them for this extra time, a proposed class and collective action filed in Washington federal court said.

  • February 27, 2025

    DOL Pick Faces Scrutiny About DOGE From Senate Dems

    President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.

  • February 27, 2025

    Calif. Panel Won't Send Class Wage Suit To Arbitration

    A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.

  • February 27, 2025

    Construction Co. To Pay $432K To End Calif. Wage Suit

    A general contractor will pay nearly $432,000 to dozens of carpenters to put an end to an investigation the California Labor Commissioner's Office launched into its pay practices, the office said.

  • February 27, 2025

    Former Seyfarth Partner To Chair DOL's Review Board

    The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.

  • February 27, 2025

    US Senate Panel Advances Trump's Labor Secretary Pick

    A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.

  • February 26, 2025

    Judge Sends Fox Sports Harassment Suit Back To State Court

    A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.

  • February 26, 2025

    MSPB Pauses Firing Of 6 Probationary Fed Employees

    The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.

  • February 26, 2025

    3rd Circ. Won't Rethink DOL's $7M Win In Travel Pay Suit

    The Third Circuit won't touch its decision affirming the U.S. Department of Labor's $7 million win in a lawsuit accusing a Pennsylvania home care company of failing to pay workers for time spent traveling between clients' homes, rejecting the employer's argument that the decision allows for federal agency overreach.

  • February 26, 2025

    Worker Says Fla. Gun Co. Owes Him Pay For 370 Hours Of OT

    A former gun manufacturing employee for a Florida company said in a lawsuit in federal court that the gun parts he handled traveled across state lines, making him eligible under federal law to receive pay for 370 hours of overtime he worked.

  • February 26, 2025

    Top Dem Urges Trump To Leave Independent Agencies Alone

    The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.

  • February 26, 2025

    Ill. Department Owes Teamsters Local $4.5M In Wage Deal

    The operational head of Illinois' state departments will pay $4.5 million to 500 workers for failing to pay them their wages negotiated in a collective bargaining agreement, a Teamsters local said in a news release Wednesday.

  • February 26, 2025

    Ex-Twitter Execs Demand Docs In $200M Severance Fight

    Elon Musk and his social media platform X are trying to dodge perfectly reasonable discovery requests tackling claims that the billionaire fired four former company executives after he bought the social media platform to avoid several benefits obligations, the workers told a California federal court.

  • February 26, 2025

    Wilson Sonsini Adds Employment Litigator In Palo Alto

    Wilson Sonsini Goodrich & Rosati PC has added an employment law expert to its litigation department in Palo Alto, California, who brings with her more than 15 years of BigLaw experience including most recently at O'Melveny & Myers LLP.

  • February 26, 2025

    Paralegal Wants Firm's Counterclaim In OT Suit Axed

    An El Paso, Texas, law firm's accusation that a paralegal's suit for unpaid overtime is an "attempt to extort money" should not stand, the worker told a Texas federal court, arguing the counterclaim she is facing has nothing to do with her allegations.

  • February 26, 2025

    Dollar Tree Reaches Deal To Exit Manager's FMLA Suit

    Dollar Tree struck a deal to resolve a former manager's lawsuit accusing the company of interfering with her rights under the Family and Medical Leave Act when she asked to take time off to care for her disabled son, a filing in Pennsylvania federal court said.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    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.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    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.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    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.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    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.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    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.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    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.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    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.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    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.

  • In Focus At The EEOC: Advancing Equal Pay

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    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.