Wage & Hour

  • August 20, 2025

    Fla. Court Revives Hospice Worker's Disability Bias Suit

    A Florida appeals court on Wednesday revived a hospice worker's disability discrimination suit, ruling that her claims are not time-barred because the Florida Commission on Human Relations has not yet officially given her notice about her claim that would conclude the administrative process.

  • August 20, 2025

    Lockheed Fails To Pay Workers For Walking Time, Suit Says

    Lockheed Martin failed to compensate employees for the time they need to walk from and to time clocks at its 350,000-square-foot Archbald facility in Pennsylvania, a former employee claimed in a proposed class action now in federal court.

  • August 20, 2025

    Cracker Barrel Gets 9th Circ. Stay For Supreme Court Petition

    The Ninth Circuit granted Cracker Barrel Old Country Store Inc.'s motion to stay the mandate of the appellate court's opinion in a case about the nitty-gritty of collective action certification while the restaurant chain seeks U.S. Supreme Court review of the decision.

  • August 20, 2025

    Loeb & Loeb Adds Allen Matkins Employment Atty In SF

    Loeb & Loeb LLP is expanding its West Coast team, announcing Wednesday it is bringing in an Allen Matkins Leck Gamble Mallory & Natsis LLP employment litigator as a partner in its San Francisco office.

  • August 20, 2025

    ​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey

    A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.

  • August 20, 2025

    Navy Investigators Say Feds Shortchanging Resignation Pay

    Two investigators with the Naval Criminal Investigative Service on paid leave after signing deferred resignation agreements claim the U.S. government has unlawfully cut law enforcement availability pay they are entitled to.

  • August 19, 2025

    Nurses Say They Were Underpaid, Overworked At Hospital

    A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.

  • August 19, 2025

    4 Do's & Don'ts Of New York Prenatal Leave Requirements

    New York State’s prenatal leave law is at the vanguard of paid leave progress and with New York City’s added obligations, employers in the Empire State should remember to follow the more worker-friendly requirement. Here, Law360 explores four do’s and don’ts of New York’s robust prenatal leave landscape.

  • August 19, 2025

    GEO Wants Justices' Input On $23.2M Detainees Wage Row

    GEO Group told the Ninth Circuit it plans to ask the U.S. Supreme Court to weigh into a case that has it on the hook for $23.2 million after paying immigration detainees $1 a day for the work they performed behind bars.

  • August 19, 2025

    Fanatics, NFT Co. Get Parental Leave Suit Narrowed

    Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.

  • August 19, 2025

    Pizza Chain Avoids Sanctions For Missing Payroll Docs

    An operator of Michigan pizza restaurants will not face sanctions in a wage suit over payroll records a group of drivers claimed were missing because the company was not aware the documents were lost, a Michigan federal judge ruled on Tuesday.

  • August 19, 2025

    Energy Co. Gets Overtime Case Pushed Into Arbitration

    A North Carolina federal judge pushed into arbitration a quality control worker's overtime suit against a clean energy manufacturing company, ruling that the arbitration agreement the company presented to him while he was a putative member in a related case is valid.

  • August 18, 2025

    ABC Test Proposal Under Threat In NJ Legislature

    An attempt by state lawmakers in New Jersey to halt a proposed ABC test demonstrates a pathway to fighting independent contractor status analyses, after opponents have taken different approaches in other states.

  • August 18, 2025

    NFI Agrees To $5.75M Deal To End Misclassification Suit

    National Freight has agreed to pay $5.75 million to end an almost 10-year-long suit in which a class of truckers claimed they were misclassified as independent contractors, the workers said, urging a New Jersey federal court to greenlight the deal.

  • August 18, 2025

    Stone Hilton Takes Aim At Sex Harassment Claim

    For the second time this month, Stone Hilton PLLC has asked a federal court to trim a former employee's lawsuit, saying her allegations of sexual harassment and intentional infliction of emotional distress do not rise to the level of "severe or pervasive" or "extreme and outrageous" as the law requires.

  • August 18, 2025

    Nurse Snags Collective Cert. In Missed Meal Breaks Suit

    A former registered nurse at a North Carolina nursing home can proceed as a collective in her suit claiming that a nursing home operator and the nursing facility cheated her out of missed meal breaks, a federal judge said, limiting, however, the reach of the collective.

  • August 18, 2025

    Accountant Says Property Co. Fired Her During FMLA Leave

    A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.

  • August 15, 2025

    Split DC Circ. Says Federal Union Not Immune From Bias Suit

    A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom. 

  • August 15, 2025

    Calif. Forecast: 9th Circ. Hears Federal Worker Firings Fight

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case challenging federal layoffs that paid a visit to the U.S. Supreme Court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 15, 2025

    NY Forecast: Class Cert. Args. In Bloomberg Pay Bias Case

    This week, a New York federal magistrate judge will hear arguments over a bid to certify a class of female former employees at Bloomberg LP who claim they were systematically paid less than their male counterparts.

  • August 15, 2025

    Home Chain Got OT Math Wrong For 1,000 Nurses, Court Told

    A group of nursing homes operating as one company left shift differentials and bonus pay out of certified nursing assistants' overtime math, a former employee alleged in a suit in Mississippi federal court, saying the violations affected more than 1,000 workers.

  • August 15, 2025

    X Denied Early Win In Ex-Worker's WARN Act Fight

    A California federal court turned down X Corp.'s bid for an early win in a suit alleging Twitter employees weren't given proper notice of mass layoffs that followed Elon Musk's takeover of the social media company, citing disputes between the parties over why the ex-worker who sued was let go.

  • August 15, 2025

    Cracker Barrel Seeks Justices' Review Of 2-Step Cert. Process

    Cracker Barrel plans to ask the U.S. Supreme Court to weigh in on a suit accusing it of violating tip credit rules, the restaurant chain told the Ninth Circuit, saying there is a split on how courts handle the certification process for collective actions.

  • August 15, 2025

    Ariz. Town Illegally Limits OT On Ambulance Work, Court Told

    An Arizona town illegally relies on a federal exemption that applies only to fire protection work to curb how much overtime fire department paramedics or EMTs can earn, a group of fire department employees said in a proposed collective action in federal court.

  • August 15, 2025

    Jackson Lewis Names New Leader In Austin

    Employment law firm Jackson Lewis has tapped an experienced management-side employment litigator to serve as managing principal of its Austin, Texas, office.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • 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.