Wage & Hour

  • May 02, 2025

    Ex-Twitter Execs, Co. Fight Over Musk's Texts Severance Row

    Elon Musk, his social media platform X and four former company executives claiming they are owed $200 million in severance told a California federal judge that they disagreed on how the billionaire's phone should be searched for discovery purposes.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    Yale University Hit With Class Claims Over Payroll Schedule

    Yale University has illegally paid salaried employees on a monthly basis instead of weekly or bi-weekly, as required in Connecticut, according to a putative class action in state court.

  • May 02, 2025

    DOL Halts Enforcement Of Biden's Contractor Rule

    The U.S. Department of Labor's Wage and Hour Division will stop enforcing a former President Joe Biden-era final rule determining whether workers are independent contractors or employees under federal law, the agency announced, as three federal courts paused suits challenging the rule.

  • May 02, 2025

    Calif. Forecast: Delta $12M Meal Breaks Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential preliminary approval of a $12 million deal to resolve a proposed wage and hour class action against Delta Air Lines Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • May 01, 2025

    NCAA Coaches Get Initial OK For $49M Wage-Fix Deal

    A California federal judge granted preliminary approval Wednesday to a group of roughly 1,000 Division I volunteer baseball coaches for their settlement under which the NCAA would pay $49.5 million to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.

  • May 01, 2025

    Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says

    A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.

  • May 01, 2025

    NYU Langone Fights Conditional Cert. Bid In OT Suit

    NYU Langone told a New York federal court Wednesday that a group of IT workers were too vague in their arguments to support a collective certification bid in their suit accusing the medical center of misclassifying them as overtime-exempt.

  • May 01, 2025

    Truckers Win $10M In Row Over Pay For Freight Transport

    A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.

  • May 01, 2025

    Flowers Foods Says Distributors Worked For Themselves

    Flowers Foods and two other entities urged a Massachusetts federal court Thursday to toss a suit by two food distributors accusing the companies of misclassifying them as independent contractors, saying the distributors actually performed work for a company they jointly created.

  • May 01, 2025

    Hospital, Worker End Unpaid Meal Break Suit

    A healthcare system will no longer face a proposed collective action accusing it of deducting 30 minutes per day from workers' wages for meal breaks despite workers not getting a chance to take uninterrupted meal periods, according to a filing in Michigan federal court.

  • May 01, 2025

    Landscaping Co. Must Face Trial In Unpaid OT Suit

    A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.

  • April 30, 2025

    Atlanta Home Health Service Faces Overtime Class Action

    An Atlanta home healthcare service was hit with a proposed class action Wednesday over allegations it failed to pay certified nursing assistants proper overtime compensation.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

  • April 30, 2025

    Nurse Says 6th Circ. Should Look At Notice Ruling In Pay Suit

    A Tennessee federal court erred in turning down a nurse's bid to reach others in her suit accusing Acadia Healthcare of meal break violations and unpaid overtime because her discovery issues were not resolved, the nurse said, urging the Sixth Circuit to weigh in.

  • April 30, 2025

    Marine Reservist Says Retaliation Suit Should Go To Trial

    A U.S. Marine Corps reservist urged a Texas federal court to keep in play his lawsuit alleging a professional services company fired him after two months because he took time off to attend training, saying the firm's reasoning that he was let go for poor performance is bogus.

  • April 30, 2025

    Coal Mining Cos.' $15.2M Wage Deal Needs Revision

    A Kentucky federal judge declined to greenlight a $15.2 million settlement resolving miners' class and collective action against several mining companies over unpaid wages, saying the deal must be revised because the wage and hour landscape has changed over the past few years.

  • April 30, 2025

    Ex-PETA Worker Says 24/7 On-Call Policy Ducked Wages

    People for the Ethical Treatment of Animals implemented an illegal 24/7 on-call policy that cheated social media employees of wages and overtime, and terminated those who complained about it, a former employee said in a lawsuit in California state court.

  • April 30, 2025

    Unaccepted Offer Can't End Server's Tip Credit Suit

    A Texas federal court ruled that it still had jurisdiction over a server's proposed collective action accusing a Houston-area restaurant of violating tip credit requirements, saying the worker has not accepted a $1,000 offer to end her case.

  • April 30, 2025

    Muji, Uniqlo Accused Of Failing To Pay Workers On Time

    Japanese retailers Muji and Uniqlo illegally paid employees biweekly despite the New York Labor Law requiring that manual workers be paid at the end of each workweek, according to two proposed class and collective actions filed separately against the companies in federal court. 

  • April 30, 2025

    Michael Best Gains Higher Ed Leader In Austin From Littler

    Michael Best & Friedrich LLP has deepened its labor and employment practice group with a partner in Austin who also serves as co-chair of the firm's higher education industry team and came aboard from Littler Mendelson PC.

  • April 30, 2025

    Bipartisan House Members Pitch Expanded Paid Family Leave

    A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.

  • April 30, 2025

    NYC Paid Record High Of $2B In Legal Claims In 2024

    New York City paid nearly $2 billion last year to settle legal claims, setting a record high for the payouts with a half-billion dollar increase over the previous year, according to new data released by the city's fiscal watchdog on Wednesday.

  • April 30, 2025

    Justices Say Reservists Get Extra Pay No Matter Wartime Role

    The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.

  • April 29, 2025

    NY Contractor Hasn't Paid Caregivers In A Month, Suit Says

    A New York state contractor that helps administer a Medicaid program has forced thousands of caregivers to face a "dizzying array of technical problems" and caused many to not receive any pay over the past month, a proposed class and collective action filed in federal court said.

Expert Analysis

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.