Wage & Hour

  • March 11, 2025

    DOJ, Wayne-Sanderson Spar Over Data Sharing Deal

    The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.

  • March 11, 2025

    Auto Parts Co. Says EEOC Failed To Discuss Sex Bias Claims

    An auto parts manufacturer urged a Tennessee federal court Tuesday to toss the U.S. Equal Employment Opportunity Commission's suit alleging the company favored men in hiring decisions and failed to promote qualified women, saying the agency didn't first try to discuss the allegations with the company before suing it.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    Seyfarth Employment Litigator Joins McGuireWoods In LA

    McGuireWoods LLP is strengthening its California labor and employment team, announcing Tuesday it is bringing in a Seyfarth Shaw LLP employment litigator as partner in its downtown Los Angeles office.

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 11, 2025

    Bipartisan Bill Penalizing Child Labor Violations Reintroduced

    A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.

  • March 11, 2025

    Staffing Co. Recruiters Certified As Class, Collective In OT Suit

    A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.

  • March 10, 2025

    Whole Foods Workers Can't Have Class Cert. In Bonus Suit

    A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Recycling Firm, Executive Must Face Sex, Pay Bias Suit

    A Chicago-area recycling company can't dodge a former acting executive's claims that she was fired after repeatedly complaining that she wasn't being properly compensated and enduring consistent sexual harassment, with a Michigan federal judge ruling Monday her lawsuit was detailed enough to proceed to discovery.

  • March 10, 2025

    Senate Confirms Trump's Labor Secretary Pick

    The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.

  • March 10, 2025

    Hearthside Can Keep 3rd-Party Releases In Ch. 11 Plan

    A Texas bankruptcy judge Monday agreed to confirm a Chapter 11 plan for the bankrupt parent of snack maker Hearthside Food Solutions, overruling an objection from the U.S. Trustee's Office alleging the plan would summarily do away with wage and labor claims against the debtor through nonconsensual releases.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

  • March 10, 2025

    Trade Groups Take Minn. Classification Law To 8th Circ.

    A coalition of trade groups will take to the Eighth Circuit a Minnesota federal judge's decision denying their bid to halt a state law imposing hefty fines on companies that misclassify workers as independent contractors.

  • March 10, 2025

    Truckers Win Conditional Class Treatment For Wage Dispute

    An Illinois federal judge said he would give conditional class treatment to truck drivers who say Forsage Logistics Inc. and its owner illegally misclassified them as independent drivers and failed to pay them all wages they're owed.  

  • March 10, 2025

    Ex-Worker Says Kroger Fails To Pay For Off-Shift Tasks

    Kroger requires employees to put on and take off sanitary clothing before and after their shifts but fails to compensate them for this time and causes them to lose out on overtime wages, a proposed collective action filed Monday in Ohio federal court said.

  • March 10, 2025

    EEOC Strikes $26K Deal In Gender Pay Gap Case

    A healthcare provider will shell out $26,000 in a U.S. Equal Employment Opportunity Commission suit accusing it of wage discrimination, after a Pennsylvania federal judge signed off on the deal Monday.

  • March 10, 2025

    Amazon Worker Can't Seal Military Leave Settlement

    A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling — which also said the agreement doesn't need to hit the docket.

  • March 10, 2025

    Amazon Workers Want Partial Win In COVID Screenings Suit

    A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.

  • March 10, 2025

    Denver Strip Clubs Challenge $14M Wage Theft Fines

    The city of Denver engaged in "shocking and unconstitutional government overreach" by conducting unlawful probes into a group of strip clubs' pay practices and ordering them to pay almost $14 million in fines, the entities told a Colorado federal court.

  • March 10, 2025

    Trucking Co. Taking Independent Contractor Rule To 10th Circ.

    A trucking company told a New Mexico federal court that it will appeal to the Tenth Circuit a ruling rejecting its bid to block the U.S. Department of Labor's new rule for classifying independent contractors.

  • March 10, 2025

    Caddies Say Country Club Willfully Misclassified Them

    Golf caddies urged a New York federal judge to keep in play their proposed class action accusing a country club of misclassifying them as independent contractors to avoid paying them wages, saying their new complaint sufficiently shows that their former employer's actions were willful.

  • March 10, 2025

    Supreme Court Won't Review FLSA Overtime Exemption

    The U.S. Supreme Court declined on Monday to consider whether an employer's line of business, rather than a worker's job duties, determines if an employee is exempt from overtime under the Fair Labor Standards Act.

  • March 07, 2025

    Judge OKs Atlanta Strip Club's Wage Theft Settlement

    A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.

  • March 07, 2025

    Trucker Overtime Carveout Is Focus Of Reintroduced Bill

    A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.

Expert Analysis

  • 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.

  • 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.