Wage & Hour

  • April 23, 2025

    GOP Leader Proposes Modernizing Contractor Rules

    U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.

  • April 23, 2025

    Saladworks Operator Must Face Worker's Unpaid OT Suit

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks cannot escape a proposed collective action accusing it of misclassifying assistant managers as overtime-exempt, a federal judge ruled Wednesday, rejecting the company's argument that there aren't enough assistant managers to support a collective.

  • April 23, 2025

    Worker Claims Tech Co. Owes Pay For Time Spent Starting Up

    A tech company failed to pay employees for the time they spent booting up and logging into their computers before being able to start their work, a customer service worker said in a proposed class and collective action filed in Michigan federal court.

  • April 23, 2025

    United Flight Attendants Say Airline Owes Overtime Pay

    United Airlines pays flight attendants only for the time they work during flights and declines to pay them any wages or overtime for pre- and post-flight tasks they're required to complete, according to a proposed class action filed in Illinois state court.

  • April 23, 2025

    FordHarrison Adds Fla. Employment Pro From Bush Graziano

    Management-side labor and employment firm FordHarrison LLP announced this week that it bolstered its Tampa ranks with a new partner from Bush Graziano Rice & Hearing PA.

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    Ga. County Freed From Court Worker's Age, ADA Bias Claims

    A Georgia federal judge ended a lawsuit against Fulton County, Georgia, brought by a former juvenile court employee who said her firing constituted age and disability discrimination, ruling Tuesday that there was no dispute it was the court — not the county — that she should have sued.

  • April 22, 2025

    Temp Workers Sue Fresh Express Over Alleged Safety Hazards

    Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.

  • April 22, 2025

    Wells Fargo Worker Wants Disability Bias Suit Kept In Play

    Wells Fargo cannot shut down a senior finance manager's lawsuit alleging she faced backlash after she sought to work remotely because of health issues, the employee told a North Carolina federal court, saying she put forward enough detail to show she suffered discriminatory actions.

  • April 22, 2025

    NC Sheriff's Office Settles Workers' Wage Class Action

    A North Carolina sheriff's office reached a deal with a class of detention center employees to end their lawsuit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.

  • April 22, 2025

    Helicopter Co. Escapes Workers' Overtime Suit

    A search-and-rescue helicopter company is a common carrier by air that engages in interstate commerce and therefore can escape a proposed collective action brought by a group of employees who claimed unpaid overtime, a Louisiana federal judge ruled.

  • April 22, 2025

    Construction Co.'s Owner Must Face OT Claims, Worker Says

    The owner of a construction company had the power typical of an employer and therefore can't dodge claims that he didn't pay workers' overtime, a former employee told a New York federal court.

  • April 22, 2025

    Anticipating NIL Deal, NCAA Changes Athlete Pay Rules

    The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.

  • April 22, 2025

    Swissport Settles Mass. Airport Wage Claims For $3.1M

    Aviation services provider Swissport will pay more than $3.1 million in penalties and restitution to workers at Boston's Logan International Airport to settle allegations that it violated Massachusetts wage laws, the state attorney general's office announced Tuesday.

  • April 22, 2025

    Bank, Ex-Worker Agree To End Time Records Suit

    A banking company and a former worker agreed to end his proposed collective action accusing the bank of creating fraudulent time records that understated how long loan officers worked to avoid paying them overtime wages, a Texas federal court filing said.

  • April 21, 2025

    Pay Transparency 'Growing Pains' Offer Lessons

    Pay transparency litigation in Washington state highlights the enforcement challenges associated with defining who is a job applicant and offers lessons to other jurisdictions on how to balance these laws' goals with facilitating compliance, attorneys say.

  • April 21, 2025

    Ex-JPMorgan Worker's PAGA Claim May Be Arbitrated

    A California judge indicated Monday she may send to arbitration a former JPMorgan Chase Bank worker's individual claim brought under the Private Attorneys General Act alleging the bank encouraged workers to perform off-the-clock work but failed to pay them accordingly, issuing a tentative order that would split off her representative claims and pause them.

  • April 21, 2025

    AG Accuses NJ Luxury Tower Contractors Of Labor Violations

    New Jersey's attorney general on Monday announced a lawsuit against a general contractor and a group of subcontractors for shorting workers on wages and benefits during the construction of a Jersey City luxury high-rise.

  • April 21, 2025

    Ex-Workers Seek Early Win In Management Co. OT Suit

    Workers who sued a project management company for allegedly failing to pay proper overtime rates have asked a Georgia federal judge for summary judgment, arguing the company pays employees based on the number of hours worked and, therefore, fails the salary basis test for an overtime exemption.

  • April 21, 2025

    X Gets Arbitral Awards Booted From Workers' Severance Case

    The arbitration awards a group of X workers tried to present to a Delaware federal court don't add anything to their suit claiming the social media platform owes them additional severance payments, the court ruled, striking them from the docket.

  • April 21, 2025

    Amazon Says Sanctions Unwarranted In Drivers' Wage Suit

    Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.

  • April 21, 2025

    DOJ Defends Wage-Fixing Jury Win From Mistrial Bid

    The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.

  • April 21, 2025

    HCA, Workers Eye Mediation in Wage Suit

    HCA Healthcare Inc. asked a North Carolina federal court to press pause on a respiratory therapist's class and collective action accusing the company of manipulating workers' time sheets to pay them less overtime wages, saying the parties are planning to attend mediation in July.

  • April 21, 2025

    Fired Claims Co. Exec Says Pay Bias Led To Her Ouster

    A claims management company paid a former executive less than three of her male colleagues with the same work duties, then fired her after she filed a charge with the U.S. Equal Employment Opportunity Commission, she told a Georgia federal court.

  • April 21, 2025

    Davis Wright Brings On MoFo Employment Ace In Bay Area

    Davis Wright Tremaine LLP announced Monday that the firm has fortified its employment class action group with a partner in San Francisco who came aboard from Morrison Foerster LLP.

Expert Analysis

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.