Wage & Hour

  • August 14, 2025

    Lizzo Touring Co. Wants Designer Sanctioned Over Health Info

    Lizzo's touring company urged a California federal judge to sanction a former designer for failing to disclose records of receiving mental health treatment to support her emotional distress claim, arguing Wednesday it was forced to hire its own expert to examine her and prepare a rebuttal without those records. 

  • August 14, 2025

    9th Circ. Won't Revive 3M Worker's Noncompete Dispute

    The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.

  • August 14, 2025

    Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute

    Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.

  • August 14, 2025

    Planet Fitness Shorted OT Pay, Ex-General Manager Says

    A onetime Planet Fitness general manager has filed a collective action in Ohio federal court, alleging the gym failed to pay nonexempt employees overtime in violation of the Fair Labor Standards Act, and failed to maintain accurate records of time worked and amounts earned by and paid to employees.

  • August 14, 2025

    9th Circ. OKs Returning Calif. Farm Wage Suit To State Court

    A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.

  • August 14, 2025

    Lead Generation Workers Seek OK For $600K OT Deal

    A class of salespeople and account representatives who sued Market Resource Partners LLC, a lead generation software company based in Philadelphia, for failing to pay them overtime have asked a Philadelphia judge to sign off on a $600,000 settlement.

  • August 14, 2025

    11th Circ. Partly Revives Day Labor Protections Suit

    A Florida federal court erred by dismissing a worker protections suit against a staffing company instead of first addressing a subject matter jurisdiction dispute, the Eleventh Circuit ruled, although it affirmed the dismissal of two individual defendants for lack of personal jurisdiction.

  • August 14, 2025

    Crypto Co. Slams Canadian Consultant's Unpaid Wages Claims

    Cryptocurrency startup Unicoin Inc. and its CEO have asked a New York federal judge to dismiss a former consultant's lawsuit alleging he's owed wages and coin commissions for his work facilitating the firm's Canadian presence, arguing the consultant quit last summer and has no enforceable contract.

  • August 14, 2025

    In Home Care Rule's Limbo, Familiar Questions On FLSA Role

    The Obama-era rule providing minimum wage and overtime pay protections to home care workers may be on the chopping block, representing a microcosm of the growing instability of the Fair Labor Standards Act and the reality of a post-Chevron regulatory landscape, attorneys say.

  • August 14, 2025

    Maryland Budtenders Win Class Cert. In Curaleaf Tip Suit

    Budtenders who work for Curaleaf Inc.'s Maryland dispensaries scored conditional class certification in their lawsuit accusing the company of taking their tips and paying them to managers in violation of the Fair Labor Standards Act.

  • August 13, 2025

    9th Circ. Won't Review $23M GEO Detainee Pay Ruling

    A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.

  • August 13, 2025

    Calif. Justices Expand Arbitration Fee Leniency In Wage Suits

    The California Supreme Court's upholding of punishment for the late payment of arbitration fees in wage and hour litigation, while the justices also established a new pathway for employer relief, seems like a compromise to avoid U.S. Supreme Court scrutiny, attorneys in the state said.

  • August 13, 2025

    UFC Fights Sanctions Bid, Cites Massive Document Dump

    Ultimate Fighting Championship's parent companies told a Nevada federal court Tuesday that they have already filed nearly 4 million pages to comply with discovery deadlines in a wage dispute with fighters, arguing that the fighters' July request for sanctions, including default judgment, is unwarranted.

  • August 13, 2025

    9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge

    J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    Split Calif. High Court Upholds Validity Of Arbitration Fee Rule

    A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.

  • August 12, 2025

    Home Care Worker's OT Deal Delayed By 'Problematic' Clause

    A Connecticut federal judge denied a $60,000 proposed settlement between a home health care worker and her former employer because it contained a "problematic" clause banning the worker from seeking a job from the same employer in the future.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.

  • August 12, 2025

    Ogletree Adds PE Firm's Associate GC As Utah Shareholder

    Ogletree Deakins Nash Smoak & Stewart PC has added the former associate general counsel for private equity and venture capital firm Fifth Partners as a shareholder in its Salt Lake City office.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.

  • August 11, 2025

    Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid

    A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.

  • August 11, 2025

    OT Suit Against ConEd Strong Enough To Survive, Judge Says

    A New York federal magistrate judge has recommended preserving a proposed class action that accuses Con Edison and its subcontractors of failing to pay overtime wages to workers who directed traffic at the utility company's job sites.

  • August 11, 2025

    Trump College-Athlete Mandate Seeks DOL Input Amid Cases

    President Donald Trump’s mandate that the U.S. Department of Labor weigh in on the status of college-athletes could result in a rule or guidance that declares them employees or non-employees, which could impact which wage and hour protections apply. Here, Law360 explores what the DOL could say on the issue.

  • August 11, 2025

    Split 8th Circ. Revives Minn. Suit Over Union Leave

    The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.

Expert Analysis

  • 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.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • How ESG Is Taking Women's Soccer To The Next Level

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    Several elite soccer teams sharpened their competitive edges for the 2023 Women's World Cup by focusing on environmental, social and governance issues at home, demonstrating that many industries can use the principles of ESG investing to identify opportunities to increase growth, improve performance and address stakeholders' desires, say attorneys at ArentFox Schiff.

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Understanding Wage Theft Penalties Under New NY Statute

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    Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.