Wage & Hour

  • May 09, 2025

    Working While Caged: The Fight To End Forced Prison Labor

    Inmates battling wildfires are just the tip of the iceberg in a largely invisible workforce of more than 800,000 people who work for meager pay while incarcerated. Civil rights lawyers, advocates and some elected officials are pushing to change the legal framework that enables prison labor practices, which many trace back to American slavery and the 13th Amendment.

  • May 09, 2025

    NY Forecast: X Arbitration Fees Dispute At 2nd Circ.

    This week, the Second Circuit will consider social media platform X's attempt to reverse a lower court order requiring it to pay fees for arbitration proceedings with employees who claim they were not paid the full amount of severance they were owed. Here, Law360 looks at this and other cases on the docket in New York.

  • May 09, 2025

    Disney Nears Prelim Approval On $43M Gender Pay Bias Deal

    A California judge said Friday he intends to grant preliminary approval of a $43.25 million class action settlement in a suit alleging Disney paid thousands of women in middle management less than their male colleagues.

  • May 09, 2025

    NY Lawmakers Seek To Close Salary History Loophole

    A New York proposal to bar employers from asking job candidates about their salary expectations shows how states must keep refining and innovating pay disclosure laws as they learn lessons from real-world compliance.

  • May 09, 2025

    X Paying Millions In Severance Arbitration Losses, Atty Says

    X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Fisher Phillips Opens Tokyo Office Amid Regulatory Shifts

    Employer-side labor law firm Fisher Phillips has launched a Tokyo office in response to increasing client demand from American and multinational companies doing business in Japan and from Japanese companies doing business in the Americas.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Utah Liquor Workers Snag Collective Certification In OT Suit

    Package agents can move forward as a collective in their suit accusing the Utah Department of Alcoholic Beverage Control of misclassifying them as independent contractors, a federal judge ruled, saying the state failed to show how the workers weren't similarly situated.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Google Strikes $50M Deal To End Black Workers' Bias Suit

    Google has agreed to pay $50 million to resolve a proposed class action claiming the technology giant paid thousands of Black workers less than their white colleagues and provided them scant opportunities for advancement, according to a filing in California federal court.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    The Undoing Of Biden's Wage-Hour Legacy Has Begun

    Wage and hour rules issued under former President Joe Biden are already on the chopping block just more than 100 days into President Donald Trump’s second term, as the U.S. Department of Labor halts enforcement of independent contractor and federal contractor minimum wage requirements. Here, Law360 explores the status of three Biden-era rules.

  • May 08, 2025

    Listen: Prison Wages Debate Evolving With Petitions Pending

    The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is set to continue to develop. Listen to Law360 Explores: Subminimum Wage Part 2.

  • May 08, 2025

    Key Question In Inmates' Wage Fight: Are They Employees?

    Despite a growing body of case law laying out a blueprint for determining whether incarcerated workers are employees — which would legally entitle them to minimum wage and other protections — there is no definitive way to classify workers behind bars.

  • May 08, 2025

    Fogo De Chao Hit With Wage, Age Bias Suit In NY

    Brazilian steakhouse chain Fogo de Chao failed to properly pay servers and forced them to share tips with owners and managers while also discriminating against a former employee for his age, according to a proposed class and collective action filed Thursday in New York federal court.

  • May 08, 2025

    Atty Says Imprisoned Clients' Meager Pay Part Of Bigger Issue

    Sonia Kumar has spent her 17-year legal career representing people who have spent decades behind bars in Maryland prisons. As a senior staff attorney with the American Civil Liberties Union, Kumar has fought for racial justice and combated abuses within the prison system.

  • May 08, 2025

    Congressman Wants Another Shot At Incarcerated Wages Bill

    While courts grapple with whether incarcerated workers are employees under the Fair Labor Standards Act and thus entitled to minimum wage and other protections, congressional Democrats plan to make another attempt to update the statute to answer that question.

  • May 08, 2025

    Pa. Jury Awards $165K To Teachers In Equal Pay Suit

    A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.

  • May 08, 2025

    Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims

    A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 08, 2025

    Atty Says SC Firm Owes Triple Damages For Not Paying Her

    A South Carolina law firm failed to pay an attorney her earned wages during several pay periods until she got her own lawyers involved, she told a federal court, saying the firm should be put on the hook for triple damages and attorney fees.

  • May 08, 2025

    Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case

    A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.

Expert Analysis

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.