Wage & Hour

  • May 12, 2025

    Pet Treat Maker Doesn't Fully Pay Employees, Suit Says

    A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.  

  • May 12, 2025

    Walmart, Transportation Manager End OT Suit

    Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    CoreCivic Settles Guards' OT Suit For Security Screening

    Private prison operator CoreCivic and the correctional workers accusing it of not paying them for mandatory preshift security screenings told a Tennessee federal court Monday they have reached a settlement to end the proposed class and collective suit.

  • May 12, 2025

    Steel Co. To Pay $6M To End Underpayment Suit

    A steel products company will pay more than $6 million to resolve a class action accusing it of failing to pay employees for all their time spent working, according to a filing in Washington federal court.

  • May 12, 2025

    5th Circ. Pauses DOL Overtime Rule Challenge

    The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.

  • May 12, 2025

    BofA Says Ex-Worker Can't Be Class Rep In Unpaid PTO Suit

    A lending officer is unfit to represent a proposed class of employees who claim they were not paid for unused vacation time when they left the company, Bank of America told a California federal court, saying the former employee was ineligible to accrue vacation time.

  • May 12, 2025

    Electrical Engineering Co. To Pay $1.4M To End DOL Probe

    An electrical engineering company agreed to pay $1.4 million to more than 2,600 employees to resolve the U.S. Department of Labor's allegation that it shorted workers on overtime wages, the department said.

  • May 12, 2025

    BB&K Litigator Joins Jackson Lewis In San Diego

    Employment law firm Jackson Lewis PC is growing its West Coast ranks, bringing in a Best Best & Krieger LLP litigator as a principal in its San Diego office.

  • May 09, 2025

    NY Gov. Amends Frequency Law's Liquidated Damages Clock

    New York Gov. Kathy Hochul on Friday approved changes to the state's highly litigated law requiring manual workers to be paid weekly, including changes to liquidated damages workers could receive from violations, as part of the fiscal year 2026 budget.

  • May 09, 2025

    Workers Behind Bars: The Push For Fair Pay In Detention And Prison

    Prisoners returning from a farm detail are escorted by a prison guard mounted on a horse that had been broken by the prisoners at Louisiana State Penitentiary in Angola, Louisiana. (AP Photo/Gerald Herbert)

  • May 09, 2025

    Immigrants Find Workers' Rights Behind Bars

    Immigration detainees are bringing about a sea change in workers’ rights behind bars, chipping away at the assumption that people in civil detention or in prison fall outside the reach of minimum wage laws and protections against forced labor.

  • 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.

Expert Analysis

  • 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.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.