Wage & Hour

  • June 05, 2025

    Energy Co. Workers Say Unpaid OT Suit Should Go To Trial

    A lawsuit accusing a General Electric subsidiary of failing to pay safety employees overtime wages should go to trial, the workers told a Texas federal court, pushing against the company's argument that the workers were highly compensated and their "yearslong quest for a windfall" should end.

  • June 05, 2025

    High Court Drops Class Cert. Clarification Bid

    The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.

  • June 04, 2025

    Contractor Calls Migrant Workers To Its Aid In Trafficking Trial

    Several migrant workers for a farm labor contracting company testified they weren't forced to turn over their passports or work 20-hour days as the company sought to defend itself against human trafficking claims before a Michigan federal jury on Wednesday.

  • June 04, 2025

    Calif. Justices Asked To Clarify Limits Of Good Faith Defense

    A worker's counsel urged the California Supreme Court on Wednesday to find that employers must show they proactively took steps to ensure its pay practices complied with state requirements to establish a good faith defense against liquidated damages, while the employer's counsel declined to address the merits of the appeal.

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    Auto Co. Says Recent Orders Support Axing Class Wage Suit

    Seven recent decisions support an automobile parts company's bid to nix class and collective claims in a workers' lawsuit alleging they were shorted on wages, the firm told a North Carolina federal court Wednesday, saying those cases show that the allegations cannot stand because they were filed too late.

  • June 04, 2025

    GM Got Overtime Math Wrong, Ex-Worker Says

    General Motors miscalculated employees' overtime by failing to factor cost-of-living adjustment pay in their regular rate of pay, a former employee said in a proposed collective action filed in Michigan federal court.

  • June 04, 2025

    Driver Says Colo. Waste Co. Shorts Workers On Wages

    Southern Colorado Waste and Recycling knew that drivers were working straight through their designated meal breaks but deducted 30 minutes of working time from their paychecks anyway, a proposed class and collective action filed in federal court said.

  • June 04, 2025

    Injunctions Key Tool In W&H Fights, Birthright Case Illuminates

    Nationwide injunctions could be on the chopping block at the U.S. Supreme Court over President Donald Trump's birthright citizenship order, sparking debate over the role they play in wage and hour law by curtailing regulatory overreach and helping employers operate with predictable compliance obligations, attorneys say.

  • June 04, 2025

    Ex-Ga. Strip Club Workers Slam Bid To DQ Attys In Wage Suit

    Lawyers for a pair of former Atlanta strip club workers called on a federal judge Wednesday to reject an "extremely untimely" bid to disqualify them by the clubs' owners, arguing the owners don't bother to substantiate their claims that the plaintiffs can't be represented by the same counsel because one was the other's supervisor.

  • June 04, 2025

    Legal Services Co. Hit With Consultant Misclassification Suit

    A company providing client intake and retention services to law firms misclassified consultants as independent contractors and paid them only for the time they spent on calls or were available to take them, a worker said in a proposed collective action in Tennessee federal court.

  • June 04, 2025

    Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown

    More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.

  • June 04, 2025

    Workers Slam Perdue's Bid To Strike Opt-Ins In Wage Case

    Perdue Foods' bid to boot seven opt-in plaintiffs from a suit accusing the company of misclassifying poultry growers as independent contractors is an "impermissible attempt" to circumvent discovery, the workers told a Maryland federal court.

  • June 04, 2025

    Orlando Says $1 Typo Cost It Win In Workers' Unpaid OT Suit

    A $1 typo should not doom Orlando's bid for a pretrial win in a suit by district fire chiefs alleging they were wrongly denied overtime, the city told a Florida federal court, arguing the workers' salaries actually do fall under the overtime exemption.

  • June 03, 2025

    Proposed DOL Wage Division Cuts Signal Shift In Enforcement

    The Trump administration's proposed $25 million in cuts to the U.S. Department of Labor's Wage and Hour Division budget indicates that it plans to rely more on guidance than enforcement, agency veterans and other employment law observers said.

  • June 03, 2025

    Toyota Dealer, Cleaning Cos. Accused Of Failing To Pay Wages

    A Toyota dealership and the operators of a cleaning company failed to appropriately compensate a worker for his minimum, overtime and spread-of-hours wages, the worker claimed in a lawsuit filed in New York federal court, saying he resigned out of fear he would face retaliation for bringing the suit.

  • June 03, 2025

    Home Depot To Pay $3.35M To End Workers' OT Suit

    Home Depot will pay $3.35 million to resolve a nearly 13-year-old Private Attorneys General Act lawsuit accusing it of improperly recording workers' shifts that went past midnight, which caused their overtime hours to drop, a filing in California federal court said.

  • June 03, 2025

    Health System, Staffing Co. Accused Of Shaving Work Time

    New York state's largest healthcare provider and a staffing firm unlawfully round down the amount of time employees spend working and deduct 30 minutes from their hours regardless of whether they took a break, according to a lawsuit filed in federal court.

  • June 03, 2025

    HCA Worker Wants Collective Status In Time-Rounding Suit

    HCA Healthcare Inc. manipulated workers' time sheets so that they were paid less, a respiratory therapist said while urging a North Carolina court to greenlight a collective in her wage suit.

  • June 03, 2025

    Fisher Phillips Brings On Former Gap Counsel In Fla.

    A former in-house attorney for clothing giant Gap Inc. rejoined the private practice space as a partner in Fort Lauderdale, Florida, at Fisher Phillips, the firm announced Tuesday.

  • June 03, 2025

    T-Mobile Can't Shut Down Ex-Employee's Race Bias Case

    T-Mobile can't end a former employee's suit claiming she was given a minimal bonus and eventually terminated because she's Black, a Washington state federal judge ruled, saying the company's assertion that she had performance issues was inconsistent with the evidence.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 03, 2025

    BofA Mortgage Officers To Turn Over Certain Docs In OT Row

    Mortgage loan officers will have to turn over certain documents in discovery related to their suit accusing Bank of America of misclassifying them as overtime-exempt, a North Carolina federal judge ruled, narrowing certain requests and keeping tax returns out.

  • June 03, 2025

    Calif. Panel Won't Restore Subclasses In Nurses' Wage Suit

    Two nurses failed to back up their assertions that a hospital system similarly refused to provide their colleagues with meal and rest breaks, a California state appeals court ruled, upholding an order that decertified two subclasses in their wage suit.

  • June 02, 2025

    Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling

    A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.

Expert Analysis

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.