Wage & Hour

  • April 16, 2025

    Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects

    Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."

  • April 16, 2025

    Wash. AG Says Seattle Public Schools Shows Pregnancy Bias

    Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.

  • April 16, 2025

    UnitedHealth Sanctioned For Excluding Wage Class Members

    A New Mexico federal judge slapped sanctions on UnitedHealthcare for its "dilatory and dismissive tactics" in evading care coordinators' request for a complete dossier of class members in their wage and hour settlement, saying the company should foot the bill for several months of litigation.

  • April 16, 2025

    Novel Equal Pay Laws Double-Edged Sword, Advocate Says

    Worker-side attorney Schwanda Rountree said she is optimistic about pay transparency empowering employees but wary of how other developments in equal pay-adjacent areas and return-to-work policies may inadvertently hurt workers. Here, Law360 speaks with Rountree about how pay-gap issues will evolve.

  • April 16, 2025

    Workers Ask Michigan Judge To OK Boot-Up Suit Deal

    A home healthcare company has agreed to pay about $86,000 to settle a lawsuit accusing it of not paying employees for the time they spent booting up their computers, a former insurance specialist said, asking a Michigan federal court to greenlight the deal.

  • April 16, 2025

    Pa. Law Firm Escapes Ex-Paralegal's Bias Claims, For Now

    A federal judge largely nixed a suit brought by a former paralegal for a Pennsylvania law firm who claimed she was fired for taking medical leave to treat her panic disorder, ruling her complaint was short on specifics about whether she was disabled under the law.

  • April 16, 2025

    Papa Gino's Sued For Allegedly Underpaying Delivery Drivers

    New England pizza chain Papa Gino's pays delivery drivers a lower tipped minimum wage while hindering their ability to earn gratuities, according to a proposed class action filed in Massachusetts state court.

  • April 16, 2025

    Law Firm Must Face Trial For Ex-CPO's Retaliation Claims

    A personal injury law firm can't dodge a suit from its former chief people officer accusing the firm of firing her after she raised concerns about pay bias, a Tennessee federal judge ruled, because the firm didn't back up its claim that she was fired for insubordination. 

  • April 15, 2025

    PepsiCo Sued Over Workers' Unpaid COVID Screenings

    A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.

  • April 15, 2025

    LSU Must Face Former Attys' Retaliation Claim

    Louisiana State University cannot escape two former in-house attorneys' claim alleging their new job offers were rescinded after they raised concerns about gender equity, a federal judge ruled, rejecting the school's argument that the women forfeited their rights under federal discrimination laws.

  • April 15, 2025

    Amazon Fights Flex Drivers' Class Cert. Bid In Tip Suit

    A suit accusing Amazon of not paying tips to over 150,000 Amazon Flex drivers is "heavily fact-dependent" and should not move forward as a class, the company told a Washington federal court, adding that the lead plaintiffs already receive money for those claims.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Dunkin' Franchise Owners In Mass. Settle Wage, OT Claims

    The owners of more than 60 Dunkin' franchises across the Bay State and a group of current and former store managers are finalizing a settlement of claims that the coffee chain flouted wage laws, according to a filing in Massachusetts federal court.

  • April 15, 2025

    4th Circ. Overturns Fee Award In Maryland Wage Dispute

    The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.

  • April 15, 2025

    DOJ Drops Equal Pay Suit Against Mississippi Senate

    A U.S. Department of Justice suit accusing the Mississippi state Senate of paying a Black attorney less than her white colleagues came to an end in federal court Tuesday after the government agreed to toss the case.

  • April 15, 2025

    McDonald's, Dunkin' Franchisees Resolve Child Labor Claims

    The owners of Dunkin' and McDonald's franchises in Massachusetts have reached settlements over allegations they violated the state's child labor laws, while a Subway franchise operator has been fined, according to a Tuesday press release.

  • April 15, 2025

    Hospital Co. Strikes $525K Deal To End Wage Suit

    A system of hospitals and medical facilities agreed to pay $525,000 to resolve a collective action accusing it of deducting pay from workers' paychecks for meal periods they rarely were able to take, an Arizona federal court filing said.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

  • April 14, 2025

    8th Circ. Backs DOL's $255K Win In Misclassification Suit

    The Eighth Circuit declined Monday to upend a nearly $255,000 verdict in favor of the U.S. Department of Labor in its lawsuit accusing a nonemergency medical transportation company of misclassifying drivers as independent contractors, saying the company failed to show the scope of the trial was improper.

  • April 14, 2025

    Akerman Calls Back Labor And Employment Atty As Partner

    Management-side firm Akerman LLP added a partner to its labor and employment practice group in Chicago who is returning to the firm after seven years and called going back "a homecoming."

  • April 14, 2025

    Musk's X Sued Over Wash. Worker Severance Pay, Bonuses

    About 150 former Twitter workers in Washington have sued X Corp., saying that since Elon Musk took over and slashed its workforce, the social media platform has illegally refused to engage in arbitration over claims from laid-off workers who say they have been stiffed on promised severance pay and bonuses.

  • April 14, 2025

    DC Medical Drivers Get Partial Win In Wage Suit

    A class of drivers alleging a medical transportation services company didn't pay full wages succeeded on its claim that the firm is a general contractor to other companies that directly employed the drivers, but failed to show the firm was the workers' joint employer, a D.C. federal judge ruled.

  • April 14, 2025

    NCAA Wins Redacted Document Spat In Volunteer Coach Suit

    A group of plaintiffs suing the NCAA over suppressed wages for volunteer coaches lost its bid to force the organization to turn over an unredacted version of a particular document, with a Monday ruling asserting the information is protected by attorney-client privilege.

  • April 14, 2025

    Greenblatt Pierce Wins DuPont Wage Case Fee Spat With Atty

    Philadelphia firm Greenblatt Pierce Funt & Flores LLC has been awarded fees in a case against a former member who took over an employment class action against DuPont, with a city judge ruling that it was entitled to a piece of the settlement's fee for the work it put into the case.

  • April 14, 2025

    Ex-Reed Smith Atty Gets Review Of NJ Bias Damages Limit

    The New Jersey state appeals court has said it will consider a former Reed Smith LLP labor and employment lawyer's appeal of a ruling that damages in her gender discrimination suit against the firm can only go as far back as the start date of a New Jersey equal pay law.

Expert Analysis

  • 3 Wage And Hour Tips For A Post-Chevron World

    Author Photo

    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

    Author Photo

    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

    Author Photo

    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

    Author Photo

    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

    Author Photo

    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

    Author Photo

    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

    Author Photo

    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

    Author Photo

    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

    Author Photo

    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

    Author Photo

    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

    Author Photo

    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.