Wage & Hour

  • May 27, 2025

    Hyundai Should Face DOL Child Labor Suit, Judge Says

    A federal magistrate judge in Alabama said it's not totally clear that Hyundai, a manufacturing company and a staffing firm stopped employing minors after the U.S. Department of Labor sued them for hiring a 13-year-old, recommending that the companies face the agency's claims.

  • May 27, 2025

    Minn. DOL Says Classification Law Doesn't Hurt Builders

    A coalition of construction groups didn't show how a Minnesota state law imposing hefty fines on companies that misclassify workers as independent contractors hurts them, the state's Department of Labor said, urging the Eighth Circuit to uphold a federal court's decision keeping the law standing.

  • May 27, 2025

    Vice Media VP Rejoins Ogletree In NYC

    A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.

  • May 27, 2025

    Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit

    A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.

  • May 27, 2025

    Nurses Say Insurance Co. Doesn't Clear OT Exemptions

    A health insurance company failed to show that utilization reviewer nurses fell under certain Fair Labor Standards Act overtime exemptions, the nurses said, arguing to a Maryland federal court that their jobs required "routine mental work."

  • May 27, 2025

    NC Inn Skimps On Wages, Ex-Workers Say

    An inn in the Blue Ridge Mountains failed to pay innkeepers minimum and overtime wages despite requiring them to work more than 12 hours a day, according to a suit filed in North Carolina federal court.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    DC DHS Guards Forced To Work Through Breaks, Court Told

    A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.

  • May 23, 2025

    Insurer Accused Of Firing Worker Out Of Pregnancy Bias

    An insurance company reneged on its promise to provide its benefits adviser with paid maternity leave and then fired her not long after she raised several concerns about unpaid commissions, according to a lawsuit removed to North Carolina federal court.

  • May 23, 2025

    NY Forecast: 2nd Circ. Hears Speech Therapist Race Bias Suit

    This week, the Second Circuit will consider a New York speech therapist's attempt to revive her lawsuit claiming she was discriminated against on the basis of her race when her school district fired her in 2022. Here, Law360 looks at this and other cases on the docket in New York.

  • May 23, 2025

    Mo. Says Starbucks Lacks Grounds To Escape DEI Bias Suit

    The state of Missouri urged a federal judge to reject Starbucks' bid to dismiss its suit claiming its diversity policies discriminate based on race and gender, arguing it has put forward enough evidence showing how the company's practices have harmed its citizens to keep the case in court.

  • May 23, 2025

    Elevance Worker Wants Wage Suit Sent Back To Conn. Court

    Elevance cannot add up all potential class members' claims to put the total cost of future damages over the required amount to keep a case in federal court, a worker said in asking that her wage and hour case be sent back to Connecticut state court.

  • May 23, 2025

    DOL Picks New Acting Leaders For Wage Compliance Unit

    The U.S. Department of Labor announced Friday a new acting administrator as well as four policy advisers to serve in the agency's division tasked with ensuring employers pay their employees in line with federal minimum wage and overtime laws.

  • May 23, 2025

    Cooley Hires 'Next-Gen' Boston Labor & Employment Partner

    A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.

  • May 23, 2025

    Amended Ill. Temp Workers Law Survives Staffing Cos.' Row

    An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.

  • May 23, 2025

    Ruby Tuesday Fired Bartender On Medical Leave, Court Told

    Ruby Tuesday fired a bartender while she was out on medical leave recovering from a broken hip that she sustained in a car accident and refused to let her return to her former role, she said in a suit filed in North Carolina federal court.

  • May 23, 2025

    Layoff To Litigation: Why Terminations Lead To W&H Claims

    Wage and hour claims may not be the first issues that spring to a worker's mind following a layoff, but since they can be filed on a group basis and give the worker the benefit of the doubt, they are low-hanging litigation fruit for worker advocates.

  • May 22, 2025

    Colo. Health System Can't Dodge Nurses' Wage Suit

    A suit by a group of nurses accusing a Colorado health system of miscalculating their overtime will stay fully in place, a federal judge ruled, agreeing with a magistrate judge's recommendation not to dismiss the Colorado Minimum Wage Act claim.

  • May 22, 2025

    Addiction Centers Strike Deal To End 3 Wage Suits

    Addiction treatment centers in Ohio and Tennessee reached a nearly $738,000 settlement to resolve lawsuits from workers accusing the centers of failing to pay them overtime wages and provide them with meal breaks, a filing in federal court said.

  • May 22, 2025

    NJ Golf Clubs Failed To Pay Caddies Wages, OT, Suits Claim

    A Bronx man has filed proposed class actions in New Jersey state court against two Garden State country clubs accusing them of failing to pay caddies minimum wage or overtime.

  • May 22, 2025

    Fire Battalion Chief Says He Was Not An OT-Exempt Manager

    A Georgia county should not be able to end a fire battalion chief's suit alleging unpaid overtime, the firefighter told a federal court, arguing that the work he performed was not managerial in nature.

  • May 22, 2025

    Apparel Co. Strikes $660K Deal To End PAGA Wage Suit

    The company behind OshKosh B'gosh reached a $660,000 settlement to resolve a Private Attorneys General Act lawsuit accusing it of requiring employees to work through their meal breaks and shorting them on overtime wages, a filing in California federal court said.

  • May 22, 2025

    2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit

    The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.

  • May 22, 2025

    Quest Diagnostics' $4M Rest Break Settlement Gets Initial OK

    A California federal judge granted preliminary approval to a $3.95 million settlement to a wage and hour class action against Quest Diagnostics Clinical Laboratories Inc., saying the deal adequately resolves allegations that the company violated the rest-break provision of the state's Labor Code.

  • May 22, 2025

    Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager

    Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.

Expert Analysis

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • 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.