Wage & Hour

  • June 18, 2025

    NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec

    A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.

  • June 18, 2025

    Applebee's Franchise Settles NY Pay Disparity Claims

    The operator of New York City-area Applebee's restaurants entered into a National Labor Relations Board settlement after a former server claimed he was fired after complaining about Black workers getting paid less than white employees, advocacy group One Fair Wage announced Wednesday.

  • June 18, 2025

    Paralegal Says Pregnancy Announcement Got Her Fired

    A personal injury law firm fired a paralegal under the guise of downsizing one month after she informed the firm she was pregnant, a lawsuit in Pennsylvania federal court says.

  • June 18, 2025

    Construction Co. Reaches $246K Deal In OT, Child Labor Suit

    A Massachusetts construction company will shell out nearly $246,000 in back wages and liquidated damages to end a U.S. Department of Labor suit in federal court accusing the shop of failing to pay overtime to 63 workers and letting a minor operate a circular saw.

  • June 18, 2025

    DOL Noms Vow To Confront Child Labor, Back Davis-Bacon

    President Donald Trump's nominees for key U.S. Department of Labor roles told a U.S. Senate panel Wednesday they will go after unlawful child labor and enforce prevailing wages under the Davis-Bacon Act, painting a picture of what the agency could look like as its leadership team rounds out.

  • June 18, 2025

    Law Firm Inks $21K Deal To End Paralegal's OT Suit

    A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.

  • June 18, 2025

    Waste Co. Accused Of Denying Overtime Pay To Workers

    A waste disposal company requires employees to work seven days a week and more than 10 hours a day but does not pay them all the overtime wages they are entitled to, a proposed collective action filed in Louisiana federal court said.

  • June 18, 2025

    Idaho Grocer To Pay $250K In Child Labor Probe

    An Idaho grocery store will shell out about $250,000 in a settlement with the U.S. Department of Labor after investigators found it violated child labor laws by having six minors perform hazardous duties, the department said.

  • June 17, 2025

    Bloomberg Campaign Can't Get Redo Of Ruling In Wage Suit

    A New York federal court refused Tuesday to reconsider a decision finding there are still questions over whether field organizers for Michael Bloomberg's 2020 presidential campaign are individually covered under federal wage law, and denied the entity's bid for an immediate appeal in the workers' suit claiming unpaid minimum wage.

  • June 17, 2025

    Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit

    Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.

  • June 17, 2025

    4 W&H Issues Attorneys Should Have On Their Radar

    Employment law practitioners are confronting a wage and hour landscape in flux, with the federal independent contractor rule in limbo as states develop more worker-friendly tests and artificial intelligence becoming a regular part of work. Here, Law360 explores these and other issues employers and attorneys should keep in mind in the coming months.

  • June 17, 2025

    Health Insurance Co. Owes Workers OT Wages, Suit Claims

    Humana Inc. and Humana Government Business Inc. were hit with a proposed class action in Georgia federal court on Tuesday over allegations they failed to pay registered nurse case managers proper overtime wages.

  • June 17, 2025

    GOP Lawmaker Praises DOL IG's Law Firm Agreements Audit

    The chair of the Republican-led U.S. House Committee on Education and the Workforce on Tuesday praised a U.S. Department of Labor watchdog for investigating the agency over allegations it shared confidential information with plaintiffs attorneys, which comes after the panel called for an investigation in November.

  • June 17, 2025

    Northwestern Can't Evade Volunteer Coach's Wage Suit

    Northwestern University cannot show that a volunteer baseball coach wasn't technically an employee eligible for wages, an Illinois federal judge ruled, saying the worker was performing the duties of three full-time jobs and the school paid him $10,000 for the 100 hours he was working each week.

  • June 17, 2025

    UMB Says It Granted Ex-VP's Request For More Cancer Leave

    UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.

  • June 17, 2025

    Ex-Stone Hilton Employee Adds Sexual Harassment Claim

    A onetime executive assistant has expanded a federal lawsuit against her ex-employer Stone Hilton PLLC — founded by former top prosecutors in the Texas attorney general's office — to include a sexual harassment claim after the Texas Workforce Commission found there is reasonable cause.

  • June 17, 2025

    Healthcare Worker's Wage Collective 'Amorphous,' HCA Says

    A respiratory therapist's proposed collective is far too expansive and "amorphous" and is based on scant evidence that HCA Healthcare Inc. illegally manipulated workers' time sheets, the company told a North Carolina federal court, urging it to deny certification. 

  • June 17, 2025

    Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up

    Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.

  • June 17, 2025

    Cleaning Workers' $1M Wage Dispute Deal Gets Initial OK

    A California federal court gave the initial sign-off Monday on a nearly $1 million deal to resolve a long-running wage and hour class action against business services companies MM 879 Inc. and Barret Business Services Inc. that paid a visit to the Ninth Circuit.

  • June 17, 2025

    Waldorf Astoria Resort Can't Trim Spa Workers' Wage Suit

    Spa workers accusing a Waldorf Astoria resort of misclassifying them as independent contractors adequately supported their claims for unpaid wages, unjust enrichment and retaliation, a Hawaii federal judge ruled, turning down the resort's bid to trim the suit.

  • June 17, 2025

    PepsiCo Makes Workers Undercount Hours, PAGA Suit Says

    PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.

  • June 16, 2025

    Steakhouse Wants Class Unraveled In Tip Credit Suit

    A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.

  • June 16, 2025

    Meta, Shutterstock Say Ex-Worker Must Arbitrate Pay Bias Suit

    A former Giphy engineer should arbitrate her lawsuit claiming Meta, and later Shutterstock, paid her less than male colleagues when they took over the online GIF database, the tech companies told a New York federal court, arguing she can't avoid an agreement she signed when Meta began its acquisition.

  • June 16, 2025

    Former DOJ Worker's Disability Bias Suit Trimmed In Texas

    A Texas federal judge has cut out several claims, including those alleging a hostile work environment, from a former Department of Justice human resources employee's lawsuit, leaving intact only claims for retaliation and disability discrimination relating to the termination of her employment.

  • June 16, 2025

    X Workers Say Musk Personally Liable In Severance Spat

    Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.