Wage & Hour

  • July 31, 2025

    J&J Fired Sales Worker Who Reported Pay Issue, Suit Says

    Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.

  • July 31, 2025

    LA Metro Fails To Pay For Preshift Work, Suit Says

    The Los Angeles County Metropolitan Transportation Authority requires certain employees to show up to work 15 to 30 minutes before their scheduled shifts but declines to compensate them for this additional work, a proposed class action filed in California federal court said.

  • July 31, 2025

    Kaufman Dolowich Adds Jackson Lewis Employment Pro

    Kaufman Dolowich is boosting its labor and employment team, bringing in a Jackson Lewis PC labor attorney as a partner.

  • July 30, 2025

    Judge Presses Both Sides On Denver Wage Ordinance Fight

    A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.

  • July 30, 2025

    Wash. Lumber Co. Strikes $1.6M Deal To End Wage Case

    A Washington state lumber company agreed to pay $1.6 million to settle a proposed class action alleging it didn't provide legally required breaks, forced employees to work off the clock and didn't properly pay overtime, workers said Wednesday in federal court.

  • July 30, 2025

    Gas Co., Fired Exec Agree To End Stock Options Dispute

    A former executive agreed to resolve her lawsuit accusing a gas company of refusing to let her exercise millions of dollars' worth of stock options and then firing her for complaining, a filing in Virginia federal court said.

  • July 30, 2025

    UFC Fighters Seek Penalty For Discovery Delays In Wage Spat

    Fighters suing UFC over allegations of wage suppression have asked a Nevada federal judge to impose terminating sanctions on the organization and its parent company, TKO Operating Co. LLC, for failing to turn over court-ordered documents.

  • July 30, 2025

    VP Says Management Co. Still Owes $178K Of Bonus

    A workforce and performance management company still owes its executive vice president of engineering and solutions about $178,000 of a bonus, according to a lawsuit in Georgia federal court.

  • July 30, 2025

    Moncler Faces Don-Doff PAGA Suit

    A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.

  • July 30, 2025

    Database Administrator Was Employee, Court Told

    A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.

  • July 30, 2025

    Rising Star: Seyfarth's Leo Li

    Leo Li of Seyfarth Shaw LLP has championed clients facing wage-and-hour class actions and California Private Attorneys General Act claims, including by securing a win on appeal for a Southern California Pizza Hut franchisee after a decade of litigation involving thousands of delivery drivers, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 30, 2025

    NJ County Dispatchers' Pay Affected By Bias, Union Says

    Camden County, New Jersey, pays telecommunication services workers who fall under protected classes — such as veterans and people of color — less than their counterparts who are not classified as such, a Communications Workers of America unit said in a proposed class action.

  • July 30, 2025

    Worker Advocates Warn Of W&H Perils Of 'Bossware'

    The proliferation of digital surveillance and automated decision systems that monitor and manage workers' activities enables wage theft and algorithmic wage discrimination and requires more robust policymaking, the National Employment Law Project said in a new report. Here, Law360 speaks with two worker advocates from the group about "bossware" and its impact on workers' rights.

  • July 30, 2025

    Wisconsin YMCA, Ex-VP Agree To End Sex Bias Suit

    A former vice president of operations and a Wisconsin YMCA agreed to end a suit by the former employee accusing the company of firing her as she was trying to get pregnant, the parties told a federal court.

  • July 30, 2025

    Mining Co. Omits Pay For Preshift Duties, Worker Tells Court

    A zinc mining company requires employees to spend about an hour each day putting on protective gear and attending meetings before their shifts start but doesn't pay them for this time, according to a proposed collective action filed in Tennessee federal court.

  • July 29, 2025

    Ex-LA Officer Can't Revive Suit Over COVID-19 Testing Costs

    A California appellate court Monday refused to revive a former Los Angeles police officer's suit claiming that he was denied due process when he was fired after refusing to comply with the city's COVID-19 policies, finding that the officer wasn't fired until after he made his case to the city.

  • July 29, 2025

    Posner Wage Theft Claims Should Be Revived, 7th Circ. Told

    A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.

  • July 29, 2025

    3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court

    A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.

  • July 29, 2025

    UMich Escapes Black Law Prof's Bias Suit At 6th Circ.

    The Sixth Circuit refused Tuesday to revive a Black law professor's lawsuit claiming the University of Michigan disciplined her out of bias and retaliation because she took medical leave, finding she failed to cast doubt on the university's belief that she'd abandoned her classes.

  • July 29, 2025

    Ex-TTEC Worker Pushes For Cert. In Expense Coverage Suit

    A former TTEC Services employee accusing the customer service technology company of failing to reimburse workers for computers and internet upgrades asked a Colorado federal judge on Monday to certify a proposed class and collective action, claiming Tenth Circuit precedent backs certification prior to a court considering arbitration agreements.

  • July 29, 2025

    Rising Star: Cohen Milstein's Harini Srinivasan

    Harini Srinivasan of Cohen Milstein Sellers & Toll PLLC secured a $45 million settlement on behalf of U.S. Customs and Border Protection officers who claimed pregnancy discrimination and also challenged AT&T's attendance point system, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 29, 2025

    11th Circ. Revives Furniture Consultant's ADA Suit

    The Eleventh Circuit ruled Tuesday that a former furniture design consultant could have returned to work after a brief medical leave to handle his anxiety, sending his Americans with Disabilities Act suit back to a Florida district court that had ruled in favor of his employer.

  • July 29, 2025

    Colo. Conservative Group Says New OT Law Violates TABOR

    Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.

  • July 29, 2025

    Conservative Group Eyes Gig Policy Model As Cities Regulate

    A state legislators’ group that promotes limited government is looking to finalize a proposed model policy laying out principles for the gig economy at a time when New York City and other places have regulated the industry. A senior director at the group, the American Legislative Exchange Council, spoke with Law360 about the proposal.

  • July 29, 2025

    Mail Carriers' OT Suit Has No Ties To NJ, USPS Tells Court

    None of the city carriers accusing the U.S. Postal Service in New Jersey federal court of meal break violations worked in the state, the USPS said, urging the court to toss the overtime suit.

Expert Analysis

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.