Wage & Hour

  • June 02, 2025

    Charles Schwab Misclassifies Workers, OT Suit Claims

    Charles Schwab classifies workers as overtime-exempt even though their duties make them eligible for overtime, a former employee said in a proposed collective action filed in Texas federal court.

  • June 02, 2025

    Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool

    A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.

  • June 02, 2025

    Google Wants Ex-Sales Rep's $2M Commission Suit Tossed

    Google urged a Connecticut federal court to ax a former Google Cloud salesman's suit alleging that the company owes him $2 million in commissions and fired him while he underwent cancer treatments to dodge insurance benefits, saying his claims can't stand.

  • June 02, 2025

    Twitter Must Search Email, Slack Records In Severance Spat

    Fired Twitter executives can force the social media company to comb through emails and Slack channels for specific terms to support their lawsuit alleging they are owed $200 million in severance, a California federal judge ruled, rejecting the company's argument that the searches would be overly burdensome.

  • June 02, 2025

    Trump Budget Proposes OFCCP Elimination, EEOC Cuts

    President Donald Trump's administration has proposed eliminating the Office of Federal Contract Compliance Programs and shifting some of its remaining responsibilities to the U.S. Equal Employment Opportunity Commission, which itself would see a nearly $20 million budget reduction.

  • June 02, 2025

    Fisher Phillips Adds New Houston Leader From Reed Smith

    Employer-side labor and employment firm Fisher Phillips announced Monday that it has added a new hire in Houston from Reed Smith LLP who will serve as regional managing partner of the office.

  • June 02, 2025

    DOL Relaunches Opinion Letter Program

    The U.S. Department of Labor has relaunched its opinion letter program, which provides guidance to workers and employers to help them better understand and comply with federal employment laws, the agency said Monday.

  • June 02, 2025

    Caesars Illegally Rounds Down Workers' Time, Suit Says

    Casino operator Caesars rounded down the amount of time employees spent working, causing them to lose out on overtime wages, a proposed class and collective action filed in Colorado federal court said.

  • June 02, 2025

    Justices To Probe GEO's Immunity Claim In Forced Labor Suit

    The U.S. Supreme Court on Monday agreed to take up GEO Group Inc.'s bid for review of a Tenth Circuit decision dismissing the private prison company's immediate appeal of an adverse immunity determination in a forced labor class action.

  • May 30, 2025

    Colo. Judge Won't Halt $14M Wage Fines Against Strip Clubs

    A group of strip clubs made "conclusory assertions" in their bid to dodge $14 million in fines the city of Denver lodged against them for pay practice allegations, a Colorado federal judge ruled, saying that the entities didn't prove a constitutional violation.

  • May 30, 2025

    Coal Miners Re-Up Bid For $15.2M Wage Deal Approval

    Coal miners again asked a Kentucky federal judge Friday to greenlight a $15.2 million deal resolving their unpaid wage suit against several mining companies, presenting a restructured agreement that eliminates collective claims and discusses the degree of similarity among workers in a proposed, nearly 7,000-member settlement class.

  • May 30, 2025

    Calif. Forecast: State Justices Weigh Good-Faith Wage Args

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding what an employer must show for a good faith defense in a wage case. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • May 30, 2025

    Farm Groups' Challenge To H-2A Wage Rule Back On Track

    The U.S. Department of Labor failed to show it would be necessary to push back litigation challenging a Biden-era H-2A wage rule, especially in the context of farm groups' ongoing harm allegations, a Florida federal judge ruled.

  • May 30, 2025

    Mich. Workers Get Final OK For Boot-Up Suit Settlement

    A Michigan federal court greenlighted an $86,000 settlement resolving an insurance specialist's collective action accusing a home healthcare company of failing to pay employees for the time they spent booting up their computers.

  • May 30, 2025

    DOL Wage Policy Team Brings Biz-Friendly Experience

    The U.S. Department of Labor’s new Wage and Hour Division political appointees came from firms that have defended management in wage litigation, companies that have faced employment law claims, a Senate committee that scrutinized the Biden DOL and a state that is considered employer-friendly. Here, Law360 looks at the new leadership team.

  • May 30, 2025

    NY Forecast: Judge Weighs Jury Trial Demand In Layoffs Suit

    This week, a New York federal judge will hear arguments over whether a class of former workers at a Four Seasons hotel can withdraw their request for a jury trial in their suit claiming the hotel did not provide required notices before laying them off.

  • May 30, 2025

    Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case

    A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.

  • May 30, 2025

    Energy Co. Fired Worker In Retaliation For Probe, Court Told

    A clean energy manufacturing company failed to pay a former employee all his wages and then fired him after he raised safety concerns, the worker told a North Carolina federal court Friday.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    2nd Circ. Backs Ambulance Co. In Ex-Worker's FMLA Suit

    The Second Circuit refused Thursday to revive a former paramedic's lawsuit claiming an ambulance operator unlawfully refused to return him to a supervisory job after he returned from medical leave, saying he wasn't able to work until three months after his federally protected leave expired.

  • May 29, 2025

    Masimo Founder Slaps Board With Lawsuit Over His Ouster

    The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

  • May 29, 2025

    Wash. Justices Upend Cannabis Co. Win In Wage Suit

    Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.

  • May 29, 2025

    Home Appraisers' Overtime Suit Moves From NY To Ill.

    A lawsuit accusing an Arizona-based home appraisal company of failing to pay real estate staff appraisers overtime will move to Illinois, after a New York federal judge agreed with a magistrate judge's recommendations that the case needed to move to where the key witnesses are.

  • May 29, 2025

    TikTok Says Sales Reps' Overtime Suit Belongs In Arbitration

    TikTok sales representatives must arbitrate their claims that they were misclassified as overtime-exempt, the social media platform told a California federal court, arguing that the workers signed valid arbitration pacts and that an arbitrator should decide any enforceability issues,

  • May 29, 2025

    W&H Expert Says Future Of NY Manual Worker Claims Unclear

    Attorney Jeff Ruzal said the recent amendment to New York’s Labor Law reducing the steep liability for frequency-of-pay claims is welcome reform for the state's employers, but the change is narrow and questions remain about key threshold issues. Here Law360 speaks with Ruzal, an expert in New York wage and hour law, about the future of frequency-of-pay claims.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.