Wage & Hour

  • May 23, 2025

    Elevance Worker Wants Wage Suit Sent Back To Conn. Court

    Elevance cannot add up all potential class members' claims to put the total cost of future damages over the required amount to keep a case in federal court, a worker said in asking that her wage and hour case be sent back to Connecticut state court.

  • May 23, 2025

    DOL Picks New Acting Leaders For Wage Compliance Unit

    The U.S. Department of Labor announced Friday a new acting administrator as well as four policy advisers to serve in the agency's division tasked with ensuring employers pay their employees in line with federal minimum wage and overtime laws.

  • May 23, 2025

    Cooley Hires 'Next-Gen' Boston Labor & Employment Partner

    A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.

  • May 23, 2025

    Amended Ill. Temp Workers Law Survives Staffing Cos.' Row

    An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.

  • May 23, 2025

    Ruby Tuesday Fired Bartender On Medical Leave, Court Told

    Ruby Tuesday fired a bartender while she was out on medical leave recovering from a broken hip that she sustained in a car accident and refused to let her return to her former role, she said in a suit filed in North Carolina federal court.

  • May 23, 2025

    Layoff To Litigation: Why Terminations Lead To W&H Claims

    Wage and hour claims may not be the first issues that spring to a worker's mind following a layoff, but since they can be filed on a group basis and give the worker the benefit of the doubt, they are low-hanging litigation fruit for worker advocates.

  • May 22, 2025

    Colo. Health System Can't Dodge Nurses' Wage Suit

    A suit by a group of nurses accusing a Colorado health system of miscalculating their overtime will stay fully in place, a federal judge ruled, agreeing with a magistrate judge's recommendation not to dismiss the Colorado Minimum Wage Act claim.

  • May 22, 2025

    Addiction Centers Strike Deal To End 3 Wage Suits

    Addiction treatment centers in Ohio and Tennessee reached a nearly $738,000 settlement to resolve lawsuits from workers accusing the centers of failing to pay them overtime wages and provide them with meal breaks, a filing in federal court said.

  • May 22, 2025

    NJ Golf Clubs Failed To Pay Caddies Wages, OT, Suits Claim

    A Bronx man has filed proposed class actions in New Jersey state court against two Garden State country clubs accusing them of failing to pay caddies minimum wage or overtime.

  • May 22, 2025

    Fire Battalion Chief Says He Was Not An OT-Exempt Manager

    A Georgia county should not be able to end a fire battalion chief's suit alleging unpaid overtime, the firefighter told a federal court, arguing that the work he performed was not managerial in nature.

  • May 22, 2025

    Apparel Co. Strikes $660K Deal To End PAGA Wage Suit

    The company behind OshKosh B'gosh reached a $660,000 settlement to resolve a Private Attorneys General Act lawsuit accusing it of requiring employees to work through their meal breaks and shorting them on overtime wages, a filing in California federal court said.

  • May 22, 2025

    2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit

    The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.

  • May 22, 2025

    Quest Diagnostics' $4M Rest Break Settlement Gets Initial OK

    A California federal judge granted preliminary approval to a $3.95 million settlement to a wage and hour class action against Quest Diagnostics Clinical Laboratories Inc., saying the deal adequately resolves allegations that the company violated the rest-break provision of the state's Labor Code.

  • May 22, 2025

    Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager

    Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.

  • May 22, 2025

    Seyfarth Hires Labor And Employment Partner In Seattle

    Seyfarth Shaw LLP added a partner to its labor and employment department from Perkins Coie LLP who says the firm's resources will help him tackle the growing number of wage and hour class actions Washington state has been witnessing.

  • May 22, 2025

    Ex-Prosecutor Says Filing Error Wrongly Sank FMLA Claims

    A filing error should not spell demise for a former Virginia city prosecutor's Family and Medical Leave Act claims against the city, his counsel told a federal court, saying the claims should be reinstated because they were never intended to be conceded.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 21, 2025

    Calif. Justices Weigh Strict Arbitration Fee Law's Validity

    Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.

  • May 21, 2025

    Atty's Silence Dooms FMLA Claims Against Va. City

    A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.

  • May 21, 2025

    CSX Engineers Drop Class Claims In Medical Leave Suit

    CSX Transportation Inc. does not have to face class and collective claims alleging its attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, as two workers told an Ohio federal court Wednesday they are abandoning their class allegations.

  • May 21, 2025

    Aircraft Services Cos., Fuel Pumper Settle PAGA Suit

    Two aviation companies and a fuel pumper told a California federal court that they reached a deal in a case that took a trip to the U.S. Supreme Court, in which the worker claimed unpaid wages under California's Private Attorneys General Act.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    5 Ways DOL Wage Rules Could Be Undone

    The U.S. Department of Labor under President Donald Trump has already proceeded with unwinding the previous administration’s wage and hour rules, creating a shifting landscape for workers, employers and their attorneys. Here, Law360 explores ways in which rules can go away.

  • May 20, 2025

    Ga. Craft Brewery Hit With Unpaid Wages Suit

    A Georgia craft brewery and its owner have been sued in federal court by three current employees who allege that they have not been paid proper minimum wages over the last three years.

  • May 20, 2025

    Driver Drops NY Late Pay Suit Against USPS Contractors

    A driver and two U.S. Postal Service contractors told a New York federal court Tuesday that they agreed to end the worker's suit claiming he was paid late under New York Labor Law.

Expert Analysis

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.