Wage & Hour

  • October 22, 2025

    11th Circ. Clarifies 6-Factor Contractor Classification Test

    The Eleventh Circuit’s reversal of a lower court’s independent contractor classification ruling is a reminder that whether a worker has employee status depends more on an overall economic reality, rather than individual factors, attorneys said.

  • October 22, 2025

    Faster Deals Act Erodes 'Point' Of Union, Boeing Worker Says

    A bill intended to ease initial labor contracts by letting arbitration panels break stalemates between unions and employers would undermine the value of unions if workers don't get to vote on the resulting pact, a striking Boeing worker said Wednesday at a Senate labor committee hearing.

  • October 22, 2025

    Former Angi Sales Rep Drops Suit Alleging Unpaid Overtime

    A former sales representative for Angi Inc. told a Colorado federal court Wednesday that she agreed to dismiss without prejudice her suit claiming that the internet services company didn't pay for off-the-clock work.

  • October 22, 2025

    Retention Bonus Not Subject To Wage Act, Mass. Justices Say

    Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.

  • October 22, 2025

    Amazon Gets Military Leave Suit Thrown Out, For Now

    A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.  

  • October 22, 2025

    $3.5M Wage Deal With Student Transit Cos. Halted Again

    A $3.5 million deal in a wage and hour suit against a student transportation company and related entities cannot move forward because the workers failed again to show that common issues predominate over individual ones and presented unsupported recovery calculations, a California federal judge ruled.

  • October 22, 2025

    Sales Workers At John Deere Retailer Snag Collective Cert.

    Sales workers of a John Deere retailer can pursue as a collective their claims that they were misclassified as overtime-exempt, a Georgia federal judge said Wednesday, granting their unchallenged bid for conditional certification.

  • October 21, 2025

    Experts Hope Supreme Court Will Offer Arbitration Bright Line

    The U.S. Supreme Court may finally settle whether last-mile drivers are part of interstate transportation and thus exempt from federal arbitration requirements, leaving experts wondering just how far the high court will go toward resolving an issue that continually bogs down litigation.

  • October 21, 2025

    Mitsubishi Electric Gets 1st Nod For $515K Wage Class Deal

    A $515,000 deal to settle a suit accusing Mitsubishi Electric Automotive America of only paying workers based on their scheduled shifts will go forward, an Ohio federal judge ruled, finding the settlement fair and reasonable.

  • October 21, 2025

    Eli Lilly Asks Justices To Clear Up Collective Cert. Standard

    A Seventh Circuit decision introducing yet another standard to certify collective actions deepens a split that the U.S. Supreme Court should address, Eli Lilly & Co. said, urging the justices to take up an age discrimination case against the pharmaceutical company.

  • October 21, 2025

    Amazon Misclassifies Drivers As Contractors, NJ AG Says

    Amazon misclassifies its Flex program drivers as independent contractors, New Jersey Attorney General Matthew J. Platkin said in a suit, leading to millions of dollars in unpaid wages and benefits.

  • October 21, 2025

    Judge Agrees With United That Wage Suits Are Linked

    A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.

  • October 20, 2025

    New Calif. Law May Pave Way For More Pay Equity Suits

    A new California law modifies employers' pay disclosure obligations, but its expansion of workers' ability to sue and recover damages for pay discrimination violations may ultimately be the statute's lasting legacy, attorneys say.

  • October 20, 2025

    Security Guards Seek Trial Over Alleged OT Record Tampering

    Two security guards asked a Colorado federal judge Monday to reject a security company's bid for a win in their proposed class action, claiming the company's representations about the security guards committing time fraud were false.

  • October 20, 2025

    Hotel Fails To Comply With $1.1M Wage Award, Court Told

    The operators of a New York City hotel have failed to fully pay a roughly $1.1 million arbitration award stemming from a wage and benefits dispute, a hotel and hospitality workers union said, urging a New York federal court to order the entities to comply with the award.

  • October 20, 2025

    TikTok Urges Nix Of Wash. Applicant's Pay Transparency Suit

    TikTok urged a Washington state court to toss an applicant's proposed class action claiming the video platform failed to include salary information in job listings, arguing the worker leading the case and dozens of others couldn't show he was harmed by the omission.

  • October 20, 2025

    Bricklayer, Contractor End Suit Over Shuttling Time

    A bricklayer and a refractory contractor told a Pennsylvania federal court Monday that they agreed to end a proposed class action claiming the company failed to pay workers for the time they spent shuttling to and from the construction of a petrochemical plant.

  • October 20, 2025

    NJ Panel Skeptical That Vacation Time Is Paid Sick Leave

    A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.

  • October 20, 2025

    Texas Firm Tries To Undo FLSA Ruling Just Before Trial

    A Texas personal injury law firm argued that a federal judge was mistaken when he ruled that a paralegal was an independent contractor for only the first part of her tenure, urging the court to reconsider the decision days before a trial in the wage case.

  • October 20, 2025

    Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win

    The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.

  • October 20, 2025

    NC Bakery Settles Overtime Dispute With Ex-Cook

    A former cook for a North Carolina-based bakery told a federal court that she reached a deal in her suit claiming she was paid a flat hourly rate that did not mirror how many hours she worked.

  • October 20, 2025

    Justices To Review Federal Arbitration Exemption Again

    The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.

  • October 17, 2025

    Nursing Exec Denied New Trial On Wage-Fixing Claims

    A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.

  • October 17, 2025

    3rd Circ. Streamlines Hybrid Wage Class Action Settlements

    A Third Circuit ruling that the Fair Labor Standards Act's collective action opt-in mechanism is silent about the release of unasserted claims by opt-out class action members will make it easier to settle cases containing claims under both federal and state wage and hour laws, attorneys said.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

Expert Analysis

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.