Wage & Hour

  • 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.

  • May 29, 2025

    9th Circ. Wants Damages Tweaked In Staffing Co. FMLA Suit

    A former employee can't seek front pay or be reinstated to her role at a healthcare staffing firm after a federal jury found she was fired for exercising her rights under the Family and Medical Leave Act, but certain damages the jury awarded her should be given another look, the Ninth Circuit ruled.

  • May 29, 2025

    Drivers Snag A Narrowed Class Cert. In Misclassification Row

    An Illinois federal judge narrowed a class of drivers accusing a company that provides hazmat freight delivery services of misclassifying them as independent contractors, targeting the class to one of the classification test's prongs and letting out-of-state residents join.

  • May 29, 2025

    Home Loan Co. Accused Of Failing To Pay Overtime

    A lending company required loan processors to put in about 80 hours of work during some weeks but did not pay them overtime wages for the extra time, a worker said in a proposed collective action filed in Arizona federal court.

  • May 28, 2025

    Flooring Co. Faces Trafficking, Forced Labor Suit In Ga.

    An Oregon-based flooring manufacturer has been sued in Georgia federal court by a group of Chinese nationals who allege they were brought to the U.S. to work at a flooring manufacturing facility in Cartersville, Georgia, then exploited, underpaid and subjected to forced labor.

  • May 28, 2025

    DOJ Says Justices' Ruling Backs Nursing Exec's Conviction

    The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.

  • May 28, 2025

    4 Tips For Employers As NJ's Pay Range Requirements Kick In

    A New Jersey law requiring employers to include a pay range in both internal and external job postings goes into effect June 1, and businesses in the state should be sure they have their ducks in a row. Here, management-side lawyers offer four tips to help employers prepare.

  • May 28, 2025

    Fla. Ambulance Co. Must Make Missed Payments In OT Deal

    An ambulance service will have to shell out the remaining $42,500 it owes to a group of emergency medical technicians and paramedics to settle their overtime after having missed payment deadlines several times, a Florida federal court ordered Wednesday.

  • May 28, 2025

    Vail Ski Instructors Can't Expand Collective In Wage Suit

    Snow sport instructors cannot revisit previous court orders denying class treatment in their wage and hour lawsuit against Vail Resorts, a Colorado federal judge ruled Wednesday, saying the case will proceed in its current form as a collective action.

  • May 28, 2025

    Ex-Texas Solicitor General Accused Of Harassment In Suit

    A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.

  • May 28, 2025

    NJ Firm Loses Bid To Toss Worker's Wage Suit

    A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.

  • May 28, 2025

    Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit

    High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.

  • May 28, 2025

    University Of Utah Claims Immunity From Boot-Up Pay Suit

    The University of Utah is an arm of the state and is therefore shielded against a proposed class and collective action accusing it of failing to pay customer service workers for the time they spent booting up their computers, the school told a federal court.

  • May 28, 2025

    Fla. Construction Co. To Pay $594K To End DOL Probe

    A Florida construction company will pay more than $594,000 to put an end to the U.S. Department of Labor's investigation into allegations that it failed to pay workers overtime wages, the department said.

  • May 27, 2025

    2nd Circ. Revives Girl Scouts Race Bias Claim, Rejects Others

    The Second Circuit on Tuesday declined to revive claims from former officers for a New York Girl Scouts chapter who said they suffered retaliation after complaining that the group misused pandemic relief loans, but held that one plaintiff can pursue racial bias allegations.

Expert Analysis

  • 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.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.