Wage & Hour

  • September 10, 2025

    Sugar Co. Didn't Control Worker Before Clock-In, Judge Says

    A beet sugar processing company did not exercise any control over a former machine operator during the time he spent waiting in line to clock in, so that time was not compensable, a California federal judge ruled.

  • September 09, 2025

    5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit

    The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    DOL Probe Leads to $2M Judgment For Unpaid Wages

    A Northern California roofing contractor will shell out nearly $2 million in back wages and damages to 158 workers after the U.S. Department of Labor determined the company failed to pay overtime, the department announced.

  • September 09, 2025

    2nd Circ. Sends Prevailing Wage Questions To NY Panel

    Fire alarm testers and inspectors are eligible for prevailing wages under New York law, but the state appeals court should mull whether employment contracts need to specify the wages and whether employers can limit the statute of limitations, the Second Circuit ruled Tuesday.

  • September 09, 2025

    Ohio Chemical Maker Owes For Overtime, Ex-Worker Says

    Detrex Corp. has failed to pay nonexempt manufacturing employees for all hours worked, including overtime, according to a proposed collective action filed Tuesday in the Northern District of Ohio that alleges the chemical maker violated the Fair Labor Standards Act.

  • September 09, 2025

    BDO Seeks To Ditch Bulk Of Ex-Partner's $75M Bias Suit

    Accounting firm BDO sought to fend off most of the claims in a $75 million discrimination suit brought by a former tax partner who took leave when her son had a stroke, telling a New York federal court she was not an employee protected by the laws she says the firm violated.

  • September 09, 2025

    Insurance Tech Co. Owes For Unpaid Work, Ex-Employee Says

    Insurance technology provider Zinnia does not pay its customer service personnel for all pre- and post-work activities, or for work that is performed during their meal breaks, according to a proposed collective and class action filed in Connecticut federal court.

  • September 09, 2025

    Judge Warns Fake AI Cites May Need 'Eye-Catching Sanction'

    A Connecticut federal judge on Tuesday warned a multistate solo practitioner that an "eye-catching sanction" may be necessary to stop attorneys from filing briefs rife with fake case law generated by artificial intelligence systems, while the lawyer bemoaned the fact that he'd "trusted a tool."

  • September 09, 2025

    Wash. Pay Transparency Ruling Leaves Many Open Questions

    The Washington Supreme Court's narrow opinion on who can sue as a job applicant under the state's pay transparency law leaves much unsettled, particularly about how class actions should be managed and whether the law's penalties are unconstitutional, attorneys told Law360.

  • September 09, 2025

    SimpliSafe Looks To Sink Call Center Wage Suit

    A former account specialist for home security company SimpliSafe advanced "conclusory allegations" in her proposed class and collective action seeking unpaid wages, the company argued, urging a Massachusetts federal court to toss the suit.

  • September 08, 2025

    Nurses Seek Final OK Of $724K Deal Over HCA Training Costs

    About 2,390 nurses urged a California federal judge Monday to give the final OK to a nearly $756,000 settlement they reached with HCA Healthcare and related entities over claims that the healthcare provider required them to repay it for its training program.

  • September 08, 2025

    Exotic Dancers Too Early With Quick Win Bid In Wage Suit

    A former exotic dancer for an Illinois club cannot snag a partial win in a lawsuit claiming she and her coworkers were misclassified as independent contractors and faced illegal kickbacks, a federal judge ruled Monday, saying she "put the cart before the horse."

  • September 08, 2025

    Atkinson Andelson Employment Ace To Join Ogletree In Calif.

    Ogletree Deakins announced Monday that it is bringing aboard a partner from Atkinson Andelson Loya Ruud & Romo to bolster its capacity to handle employment-related litigation.

  • September 08, 2025

    No New WARN Act Notice Didn't Harm Workers, Court Says

    A New York federal judge tossed a Worker Adjustment and Retraining Notification Act suit against the owner of a Four Seasons hotel two days before trial, ruling that the workers failed to show how the entity's failure to provide them with a second furlough notice harmed them.

  • September 08, 2025

    Fisher Phillips Merges With Atlanta L&E Boutique

    Fisher Phillips announced Monday it has combined with Elarbee Thompson Sapp & Wilson LLP, a labor and employment law firm based in Atlanta, growing its ranks by 22 lawyers.

  • September 08, 2025

    Musk Can't Avoid In-Person Deposition In Severance Battle

    Elon Musk must appear in person for a deposition in a federal benefits lawsuit by ex-Twitter executives alleging the tech mogul fired them to escape paying millions in severance, a California federal judge ruled, rejecting a remote proceedings request he based partly on threats to personal safety.

  • September 08, 2025

    Paid Leave Expert Talks About Evolving PTO Landscape

    The paid leave space is marked by a lot of volatility, and the rapid clip of this change and innovation will continue for the foreseeable future, paid leave expert Joshua Seidman said in an interview with Law360 about novel developments in paid leave and how the landscape has evolved.

  • September 05, 2025

    Munchkin Says 'Unhinged' GC Was Fired For Good Reason

    Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.

  • September 05, 2025

    Union Deal For Calif. Gig Workers May Yield Limited Benefits

    Gig drivers in California may soon have the right to unionize after state leaders reached a deal with Uber and Lyft, though key limitations in the bill the deal facilitates may cap the improvements these workers can make to their conditions — if unions can succeed in organizing them at all.

  • September 05, 2025

    6 Calif. Employment Bills To Watch As Session Winds Down

    With California's legislative session nearing completion, several notable employment bills are awaiting lawmakers' action, including a sweeping proposal to regulate the use of artificial intelligence-infused technology and a bill tweaking how wage information is disclosed in job listings. Here, Law360 looks at six legislative proposals that discrimination and wage lawyers should have on their radar.

  • September 05, 2025

    Grocery Workers At Center Of Latest NYC Wage Debate

    Grocery delivery workers in New York City are the latest gig economy group that could gain a minimum pay standard without being reclassified as employees, a move that management-side attorneys and worker advocates say is a step in the right direction.

  • September 05, 2025

    Health Aides Seek OK Of $575K Settlement For Unpaid Breaks

    A collective of nurses and the healthcare services company they accused of failing to pay them for the work they performed during breaks urged a Minnesota federal court Friday to greenlight a $575,000 settlement.

  • September 05, 2025

    Poll Worker, NYC Election Board Reach Deal In OT Dispute

    The New York City Board of Elections has agreed to pay $250,000 to end a poll worker's suit in federal court accusing it of not paying overtime, court records and the worker's attorney said Friday.

  • September 05, 2025

    NY Forecast: NY Judge Weighs Tossing Car Dealer Bias Suit

    This week, a New York federal judge will consider a Chevrolet dealership's bid to dismiss a former employee's lawsuit claiming he was fired after he complained that a supervisor made racist remarks toward him and other workers. 

Expert Analysis

  • 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.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • 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.