Wage & Hour

  • October 03, 2025

    Insurer Says No Coverage For Wage Disclosure Class Actions

    A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    Statewide Child Labor Law Updates To Watch

    A handful of states have recently tightened child labor laws by reducing the number of hours young people can work and making other changes, while other states have loosened restrictions, creating what attorneys describe as a complex compliance landscape. Here, Law360 explores some of the latest developments.

  • October 03, 2025

    Brand Ambassadors Hit Grill Co. With Unpaid Wage, OT Suit

    A manufacturer of grill and cooking accessories only paid brand ambassadors based on the company's product sales during promotional events at Costco stores and improperly considered the workers overtime-exempt, an employee said in a proposed collective action filed in Utah federal court.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    DoorDash Subsidiary Owes Workers OT Pay, Court Told

    A DoorDash subsidiary that delivers groceries and household items failed to pay its associates for work performed before and after their shifts, training and missed meal breaks, an employee said in a proposed collective action in Tennessee federal court.

  • October 03, 2025

    8th Circ. Won't Review Teachers' Union Taxpayer Ruling

    The full Eighth Circuit will not review a split panel decision ruling that taxpayers could challenge a Minnesota school district's paid leave policy that allows teachers to take paid time off to work for their union.

  • October 02, 2025

    San Diego Women's Soccer Club Sues Ex-Prez Over Departure

    Owners of the San Diego Wave Futbol Club have sued its former president in California state court, alleging she lied about her intentions to stay with the women's soccer club after its purchase, resigning instead to take a job with FIFA as chief football officer.

  • October 02, 2025

    Southwest Owes OT For Work Around Flights, Attendant Says

    Southwest Airlines illegally fails to pay its Chicago Midway International Airport flight attendants for any work they perform outside the bounds of their actual flight time, according to a proposed class action one of the airline's employees filed in Illinois state court.

  • October 02, 2025

    Legal Services Co. Accused Of Not Properly Paying OT

    A legal service support company failed to properly pay its employees overtime, a former trial consultant said in a proposed collective action filed Thursday in Texas federal court.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

  • October 02, 2025

    Dell Accused Of Firing In-House Atty On Maternity Leave

    Dell illegally fired an attorney in the midst of her maternity leave after repeatedly denying her promotion opportunities and handing them to her male colleagues instead, the attorney told a Massachusetts federal court.

  • October 02, 2025

    DOL's Judges Office Suspends Proceedings During Shutdown

    The U.S. Department of Labor's Office of Administrative Law Judges said it has canceled proceedings, tolled deadlines and halted filings while the agency is closed because of the federal government shutdown.

  • October 02, 2025

    Agency Ex-Exec Says He Was Misled About CEO Agreement

    A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.

  • October 02, 2025

    DOL Wants Full 3rd Circ. To Eye H-2A Enforcement Ruling

    The Department of Labor has argued that a New Jersey farm's alleged violations of the H-2A visa program didn't involve private rights as it urged the full Third Circuit to flip a panel's decision that the department couldn't use in-house administrative proceedings to impose fines.

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims

    The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    Travel Nurses Snag Cert. For Some Classes In OT Suit

    A Colorado federal judge signed off on three classes of travel nurses in California, New York and New Jersey accusing two staffing agencies of unpaid overtime, but turned down their bid for an overtime class in Oregon and bait-and-switch classes.

  • October 01, 2025

    Ill. AG Backs Workers In Amazon COVID Screenings Fight

    The Illinois attorney general backed two workers claiming Amazon owes them for the time they spent on COVID-19 screenings, arguing to the state's Supreme Court that Illinois wage law is more expansive than the Fair Labor Standards Act and includes no exception for preliminary and postliminary activities. 

  • October 01, 2025

    Tenn. Pork Farm Snags Win In DOL Retaliation Suit

    The U.S. Department of Labor failed to show that a pork farm in Tennessee fired two immigrant workers for complaining to the agency about unpaid wages, a federal judge ruled, pointing to their behavior toward other workers as the reason for their discipline.

  • October 01, 2025

    DOL Opinion Letters Address Joint Employment, Tip Pools

    A restaurant and members-only club are associated enough to be jointly liable for overtime requirements, and front-of-house oyster shuckers at a seafood restaurant can be included in a tip pool, the U.S. Department of Labor's Wage and Hour Division said among other guidance in a batch of opinion letters.

  • October 01, 2025

    Wis. Assembly Bill Seeks Tax Subtraction For OT Pay

    Wisconsin would create an income tax subtraction for qualified overtime compensation under a bill introduced in the state Assembly.

  • October 01, 2025

    Duane Morris Adds O'Hagan Meyer Employment Atty In LA

    Duane Morris LLP is growing its West Coast team, bringing in an O'Hagan Meyer employment litigator as a partner in its Los Angeles office.

Expert Analysis

  • 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.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.