Wage & Hour

  • May 16, 2025

    NY Turkish Restaurant, Server End Suit Over Tip-Only Pay

    A New York federal judge on Friday tossed a Turkish restaurant's former server's wage and hour suit in which the worker claimed he was compensated only with tips, after the parties told the court they reached a deal.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    2nd Circ. Says It Can't Consider Wage Case

    The Second Circuit ruled it will stay out of an appeal challenging a $5 million judgment in a wage case against a New York City restaurant operator, saying that a lower court didn't give a final say when it conditionally dismissed the federal claims.

  • May 16, 2025

    9th Circ. Upholds California's Employee Classification Test

    California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 16, 2025

    Security Co.'s $2.5M Wage Deal Scores Final OK

    A security company will pay $2.5 million to about 2,000 current and former security officers who claimed they were not paid all wages or for accrued vacation and sick days, after a New York federal judge gave the deal its final OK.

  • May 15, 2025

    NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash

    A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."

  • May 15, 2025

    Mass. Town's $102K Deal For Firefighters Gets Final OK

    A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.

  • May 15, 2025

    Farmworkers' Union Challenges H-2A Prevailing Wage Regs

    A farmworkers' union said that the U.S. Department of Labor's 2022 H-2A prevailing wage regulations cannot stand and could leave farmworkers without prevailing wage protections, urging a Washington federal court to grant the union a partial win.

  • May 15, 2025

    Sills Cummis Adds Employment Pro From Crowell & Moring

    Sills Cummis & Gross PC brought on a labor and employment attorney from Crowell & Moring LLP who brings more than two decades of experience to the firm's New York office advising employers on how to navigate disputes and ensure they comply with prevailing wage laws.

  • May 15, 2025

    Little Caesars Managers Get Collective Status In OT Suit

    Managers who worked for Little Caesars franchisees can pursue their lawsuit alleging they should have been eligible to earn overtime as a collective, a New York federal judge ruled Thursday, finding the workers showed they were all subject to the same policies.

  • May 15, 2025

    Workers Say Energy Co. Lacks Proof Of Their OT Exemption

    A collective of workers accusing an energy company of not paying them salaries and owing them overtime as a result told a Texas federal court their employer didn't support its arguments that the workers were exempt from overtime under federal wage law.

  • May 15, 2025

    Flooring Company Miscalculates Overtime, Ex-Manager Says

    A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    4 Tips For Navigating NY Pay Frequency Law Update

    New York’s frequency of pay law update means employers face a fraction of the potential damages they previously might have suffered for first violations, but it doesn’t let them off the hook in ongoing litigation or for second violations, attorneys said. Here, attorneys offer tips for handling the update.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

  • May 14, 2025

    Landlords Detail Policies To Cut After Trump Admin Ask

    Two trade groups for apartment owners requested that federal officials eliminate COVID-19-era eviction restrictions and a framework for accepting emotional support animals, as well as undo appliance efficiency standards, union wage rates and other policies the groups say are holding back multifamily development.

  • May 14, 2025

    Poultry Workers Seek $138M Atty Fees In Wage-Fixing Case

    Workers who reached settlements totaling nearly $400 million over claims that major poultry companies conspired to keep wages low at their plants have urged a Maryland federal court to approve around $138 million in attorney fees and costs, arguing the deal represents the "largest recovery" of its kind for low-wage workers.

  • May 14, 2025

    D'Oh! Kimberly-Clark Can't Keep Wage Suit In Federal Court

    A Pennsylvania federal judge invoked "The Simpsons" as he granted a Kimberly-Clark employee's request to ship his unpaid overtime proposed class action back to state court, saying the paper goods company is trying to "embiggen" the amount in controversy beyond what's feasible. 

  • May 14, 2025

    Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says

    A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.

  • May 14, 2025

    4th Circ. Blocks Staffing Workers' Class Cert. Appeal

    The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    Jewish Worker Says Charter Targeted Her For Flagging Pay

    Charter Communications questioned a Jewish worker's faith after she took time off to treat a kidney infection and threatened to fire her after she fixed workers' time cards to ensure they were paid for all their hours, she alleged in a complaint filed in New York federal court.

  • May 13, 2025

    Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration

    Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."

Expert Analysis

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

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    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.