Wage & Hour

  • April 07, 2025

    Freelancers Lack Standing In Contractor Rule Fight, DOJ Says

    The federal government told the Eleventh Circuit that four freelance writers didn't have standing to challenge former President Joe Biden's final independent contractor rule, adding that the U.S. Department of Labor is currently reconsidering the rule under the new administration.

  • April 07, 2025

    State And Local Wage And Hour Updates To Watch

    A handful of states and Los Angeles are considering legislation that would publicize wage violators, halt work due to independent contractor misclassification, extend paid leave to take care of non-blood relatives and address other issues. Here, Law360 explores wage and hour updates to watch.

  • April 07, 2025

    NYPD Officers Settle Wage Claims Against Real Estate Co.

    Several New York Police Department officers agreed to settle claims alleging that a real estate company they performed off-duty uniformed security work for paid them late, but their suit against the Police Department and dozens of companies remains, according to federal court filings.

  • April 07, 2025

    Drivers Say Amazon Attys Covertly Contacted Class Members

    Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.

  • April 07, 2025

    Teamsters Unit Seeks Early Win For Reinstatement Award

    A Teamsters local urged a Missouri federal court to uphold an arbitration award requiring Unilever to reinstate an employee who was let go for allegedly falsifying company records, arguing the arbitrator issued a reasonable decision that the worker was fired without just cause.

  • April 07, 2025

    Whole Foods To Settle Bonus Manipulation Suit

    Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.

  • April 07, 2025

    Woody Allen Resolves Private Chef's Military Leave Suit

    Woody Allen struck a deal with his former private chef to resolve his suit accusing the filmmaker of abruptly firing him after he took time off to participate in military exercises as a member of the U.S. Army Reserve, a filing in New York federal court said.

  • April 07, 2025

    Texas County Settles Atty's Disability Suit On Eve Of Trial

    A Texas federal court tossed an attorney's suit accusing Harris County, Texas, of failing to accommodate his leave requests and instead punishing him with a negative performance review after the parties said they reached a deal ahead of trial.

  • April 07, 2025

    High Court Won't Hear Case On Employee Status Of Inmates

    The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.

  • April 04, 2025

    Airport Staffing Co. Hit With Colo. Holiday Overtime Pay Suit

    Two Colorado residents who worked at the Denver International Airport have sued the staffing company that employed them, accusing it in state court of shorting them on overtime by failing to factor in their holiday incentive pay.

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    New Calif. Bills To Watch On Pay And Leave

    California’s Legislature is considering bills that seek to update the state’s equal pay laws, bar employers from using so called stay-or-pay contracts and harmonize the meaning of family across paid leave laws. Here, Law360 explores these three bills that will drive discussion on workers’ rights.

  • April 04, 2025

    NJ Panel Rules Troopers' CBA Unclear On OT Math

    An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.

  • April 04, 2025

    Crypto Firm Shorted Exec On Wages And Commissions, Suit Says

    The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.

  • April 04, 2025

    Seattle Children's Faces Class Action Over Nurse Meal Breaks

    A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Drexel Can't Get New Trial In Prof's Equal Pay Suit

    Drexel University cannot unravel a $355,000 award for a philosophy professor after a jury found she was willfully paid less than her male colleagues out of bias, a Pennsylvania federal judge ruled Friday, saying the court wouldn't rethink disciplining the university for failing to provide pertinent pay data.

  • April 04, 2025

    Child Therapists Reach $127K Deal To End Wage Suit

    A Georgia children's therapy provider agreed Friday to pay about $127,000 to resolve a collective action accusing it of failing to pay registered behavior technicians for time they spent working before appointments, performing administrative work and doing other off-the-clock work.

  • April 03, 2025

    Swedish Health Services Found Liable For Wage Violations

    A Washington state judge has put Seattle-area hospital system Swedish Health Services on the hook for state wage law violations in an employee class action, finding workers were shortchanged by its timekeeping practices and failure to provide a second meal break on longer shifts.

  • April 03, 2025

    Colo. Orthodontist Says Dentist Group Owes $400K In Wages

    A dentist group owes a Colorado orthodontist more than $400,000 in wages and fired him for participating in a Texas arbitration involving the company, according to a lawsuit filed in Colorado state court.

  • April 03, 2025

    UFC Asks Court To Deny Class Cert. In Fighters' Antitrust Suit

    UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.

  • April 03, 2025

    Anheuser-Busch Gets Manager's Unpaid OT Suit Arbitrated

    A former shift manager at Anheuser-Busch must arbitrate his claims that the company misclassified him as a manager to avoid paying him overtime, a Delaware federal judge ruled Thursday, saying his claims fall squarely within a dispute resolution agreement he signed.

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

  • April 03, 2025

    Law Firm Fights Ex-Paralegal's Anonymity Bid In Bias Suit

    A former paralegal at a Pennsylvania law firm made speculative and illogical arguments to take her identity away from her overtime and retaliation suit, the firm said Thursday, urging a federal court to keep her name known.

Expert Analysis

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.