Wage & Hour

  • March 05, 2025

    Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay

    The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.

  • March 05, 2025

    Fighters' Attys Get $115M In Fees For UFC Settlement Work

    A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.

  • March 05, 2025

    Southwest Seeks Exit From Flight Attendant's Wage Suit

    The wages of a Southwest flight attendant who alleges that the airline disregarded work performed off the plane were determined by a collective bargaining agreement, and thus his claims are preempted by federal labor law, the company argued as it urged a Colorado federal court to throw out a proposed class action.

  • March 04, 2025

    Mariano's Managers Fight Bid To Decertify Class In OT Row

    Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.

  • March 04, 2025

    Target Can't Pause Warehouse Workers' Wage Suit

    Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.

  • March 04, 2025

    NYC Medical College, Entities Must Face Overtime Suit

    A former research coordinator showed that he was jointly employed by a Bronx medical college and related entities, a New York federal judge ruled, allowing the worker to proceed with a suit alleging that he is owed overtime pay.

  • March 04, 2025

    Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say

    The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.

  • March 04, 2025

    Littler Expands In Philly With Ex-Greenberg Traurig Atty

    Employment and labor-focused firm Littler Mendelson PC has expanded its Philadelphia office with the recent addition of an attorney who moved his practice after four years with Greenberg Traurig LLP.

  • March 04, 2025

    Calif. Contractor Barred From Withholding Wages In DOL Suit

    A California-based general contractor is prohibited from withholding workers' past due wages and must offer to rehire an employee it fired for making a report alleging pay infractions to the U.S. Department of Labor, a federal judge ruled Tuesday.

  • March 04, 2025

    How Child Labor Enforcement Will Change Under Trump

    President Donald Trump's administration, driven by a desire to give certain employers the benefit of the doubt and a general aversion to government overreach, will change tack on child labor enforcement, attorneys say.

  • March 04, 2025

    Nurse's Meal Breaks Claim Under Ill. Law Can Stay Put

    A nurse accusing a healthcare system of not paying for the work she performed during lunch breaks can keep her claim under Illinois state law alive, an Indiana federal judge ruled, saying that she supported her claim.

  • March 03, 2025

    Curaleaf Says Ex-VP Can't Be Kicked From C-Suite She Wasn't In

    Curaleaf Holdings Inc. has pushed back on a discrimination lawsuit filed by a former executive who claims she was forced out of the company, arguing not only did it not retaliate against her by ejecting her from the C-Suite but that she was never actually a part of it.

  • March 03, 2025

    Prisoners Tell High Court Not To Disturb 4th Circ. Wage Ruling

    A group of incarcerated individuals on Monday urged the U.S. Supreme Court to let stand a ruling allowing its lawsuit accusing Baltimore County of unlawfully failing to classify them as employees to proceed, saying there's no circuit split over whether incarcerated people are categorically exempted from federal labor law.

  • March 03, 2025

    Trump Admin Defends Right To Send DOGE Into Agencies

    A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Former X Exec Says Sanctions Not Warranted In Bonus Fight

    A former X Corp. executive urged a California federal court to reject his former employer's bid to sanction him for filing a "frivolous" class certification motion in his unpaid bonuses lawsuit, saying the company refused to let him modify his filing or dismiss his claims.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    Real Estate Cos. Strike $75K Deal In Time Shaving Suit

    A real estate investment company and its subsidiary will pay $75,000 to end a lawsuit alleging it underpaid cleaners by requiring them to clock out before they finished their work, according to a filing in New York federal court.

  • March 03, 2025

    NYC School To Pay Ex-Recruiter $21K In Unpaid OT Suit

    A federal judge ordered a New York City private school and its director to pay a former recruiter nearly $21,000 in back wages and damages after a bench trial in her lawsuit alleging she was unlawfully denied overtime wages.

  • March 03, 2025

    Anthem Claims Nurses Aren't Eligible To Earn Overtime

    Nurses who claimed they were incorrectly denied overtime pay fit the bill of learned professionals and thus are exempt from the Fair Labor Standards Act's overtime provisions, Anthem argued in urging a New York federal court to throw out the nurses' proposed collective action.

  • March 03, 2025

    Fla. Goodwill Faces OT Lawsuit Alleging Unpaid Lunch Breaks

    A Florida Goodwill network automatically deducted time for unpaid launch breaks that employees did not take, leading to unpaid overtime, a former store employee said in a proposed collective lawsuit filed in federal court.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

  • February 28, 2025

    Calif. Restaurant Faces $1.1M In Penalties Over Unpaid Wages

    The California Labor Commissioner's Office hit a restaurant with more than $1.1 million in penalties over unpaid wages and violations of paid sick leave, including supplemental leave during the coronavirus pandemic, the office said.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.