Wage & Hour

  • March 07, 2025

    Morgan Lewis Scoops Up Reed Smith Employment Atty

    Morgan Lewis & Bockius has added a seasoned employment law attorney from Reed Smith to its Chicago office, bringing on a lawyer with more than two decades of experience litigating disputes ranging from benefits law to whistleblower complaints.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Calif. Forecast: SF Transit Agency Seeks Vax Judgment Stay

    In the coming week, attorneys should keep an eye out for the potential stay of a judgment pending an appeal in a vaccine mandate case against San Francisco's rapid transit agency. Here's a look at that case and other labor and employment matters coming up in California.

  • March 07, 2025

    NY Forecast: 2nd Circ. Hears Girl Scouts Whistleblower Suit

    This week, the Second Circuit will consider whether to revive a lawsuit from former officers for a New York Girl Scouts chapter who claim they were retaliated and discriminated against after they complained that the group misused pandemic government loans. Here, Law360 looks at this and another notable case on the docket in New York courts.

  • March 07, 2025

    Warner Bros. Demands State Court Wage Claims Be Arbitrated

    Workers covered under a labor contract with a Service Employees International Union affiliate on the West Coast must arbitrate the wage and hour claims they filed in state court against Warner Bros. Discovery Inc. and a related operations entity, the entertainment company alleged in California federal court.

  • March 07, 2025

    Va. Court Says Amazon Drivers Can Get Unemployment Comp

    Virginia's top court refused to overturn the Virginia Employment Commission's finding that Amazon delivery drivers should be considered employees for unemployment benefits purposes, saying the e-commerce giant failed to properly back up its arguments in its briefs to the justices.

  • March 07, 2025

    Calif. Panels Pave Way For More 'Headless' PAGA Debate

    Two California appellate court rulings on the survival of what are known as headless claims under the state's Private Attorneys General Act — claims that bring allegations only on behalf of other workers — are fueling a debate on what attorneys say is an increasingly popular litigation strategy by workers facing arbitration threats. Here, Law360 explores the issue.

  • March 07, 2025

    Minn. Bill Seeks To Subtract OT, Tips, Bonuses From Income

    Minnesota would allow taxpayers to subtract the amount of overtime pay, tips and bonuses earned from their gross income under a bill introduced in the state Senate.

  • March 07, 2025

    Amazon Driver Can't Get Mass. Court's Ear In Wage Suit

    A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.

  • March 06, 2025

    BofA Says COVID-Era Workers Too Dissimilar For Class Cert.

    Proposed classes of Bank of America loan officers include too many individualized claims for certification, the bank has argued in litigation alleging the loan officers were "short-changed" as they processed emergency small business loans during the pandemic.

  • March 06, 2025

    Federal Workers File Mass Challenges To Firings In Admin Court

    Federal workers who lost their jobs in the Trump administration's mid-February purge of the civil service have begun challenging their terminations through class action appeals to an administrative court, seeking the reinstatement of tens of thousands of probationary employees to about 20 federal agencies.

  • March 06, 2025

    Texas Panel Says Police Dept. Must Face Pregnancy Bias Suit

    A Texas appeals court on Thursday said a police department cannot escape a former employee's lawsuit accusing it of firing her after she asked to take unpaid leave to recover from a cesarean section, but ruled the city encompassing the police department was not involved in employment decisions.

  • March 06, 2025

    Construction Co. To Pay $495K In DOL Wage, Child Labor Suit

    A New York construction company will pay about $495,000 to settle a U.S. Department of Labor suit alleging it stiffed workers on their full wages and hired minors, according to a federal court filing.

  • March 06, 2025

    Vision Insurer Workers Get $3.5M Wage Deal Approved

    A California federal judge signed off on a nearly $3.5 million deal that resolves a former worker's Private Attorneys General Act lawsuit accusing a vision insurer of failing to pay employees for all their hours worked, but shaved the attorney fee award to better fit with Ninth Circuit precedent.

  • March 06, 2025

    Trump's Labor Secretary Pick Clears Senate Hurdle

    The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.

  • March 06, 2025

    Ga. Chiropractic Co., Ex-Worker Settle OT Suit

    An Atlanta-area chiropractic chain and a former employee alleging it stiffed her on overtime and fired her when she complained, reached a settlement, according to court papers filed Thursday.

  • March 06, 2025

    Hospital Gets Nurse's Wage Suit Sent To Arbitration

    A nurse's suit accusing a hospital system of using faulty timekeeping rounding practices that caused her to lose pay was shipped to arbitration by a Nevada federal judge who said an arbitration pact is valid even if she doesn't remember signing it.

  • March 06, 2025

    Janitorial Worker's Nonindividual PAGA Claims Will Wait

    A worker's nonindividual California Private Attorneys General Act's claims against a janitorial franchiser will be on hold while his individual claims undergo arbitration, a California federal judge ruled, saying that whether he still has standing depends on the outcome of the arbitration.

  • March 06, 2025

    Senate Panel Advances Trump's Pick For DOL Deputy

    A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.

  • March 05, 2025

    Parameters Set For Final NIL Deal Approval Hearing

    The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.

  • March 05, 2025

    Trade Groups Can't Block Minn. Worker Classification Law

    A Minnesota federal judge refused Wednesday to grant trade groups' bid to temporarily block a state law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, saying the statute isn't so vague that it must be struck down.

  • March 05, 2025

    Class Status Granted In Amazon COVID Screening Suit

    A Pennsylvania federal judge approved a class of Amazon employees who were required to undergo unpaid COVID-19 screenings, saying that by modifying the class to include only those who used a physical time clock to clock in, the workers were all subject to the same underpayment policy.

  • March 05, 2025

    How Jarkesy May Reshape DOL Civil Penalty Enforcement

    A U.S. Supreme Court decision on agency enforcement and the right to a jury trial may alter the U.S. Department of Labor's approach to imposing civil money penalties against employers, particularly under President Donald Trump's administration, attorneys say.

  • March 05, 2025

    Workers, Raytheon Cos. Ink $19.9M In Meal Break Suit

    A group of workers urged a California federal judge to approve their $19.9 million deal to end a class action alleging companies affiliated with Raytheon failed to pay workers for their meal and rest breaks, according to a court filing. 

Expert Analysis

  • 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.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.