Wage & Hour

  • April 14, 2025

    Judge Blocks $1.3M Deal In Background Checks Row

    A $1.3 million deal between workers and a logistics company they accused of not telling almost 30,000 job applicants they were undergoing background checks won't go forward because the children's charity that would receive unclaimed funds has no link to the workers, a California federal judge ruled.

  • April 11, 2025

    Dallas Jury Clears Omni Hotels Of Gender-Based Pay Bias

    A Dallas federal court jury on Friday cleared Omni Hotels Management Corp. of gender discrimination accusations in Omni's second go at defending against the suit before a jury, handing Omni a clean victory after the Fifth Circuit ordered a new trial.

  • April 11, 2025

    As Dems Seek To Raise Wage Floor, Others Float Abolishing It

    While Democrats in Congress try again to raise the federal minimum wage for the first time in more than 15 years, some libertarian policy observers call for doing away with the federal wage floor altogether, an argument they say makes more sense than ever before.

  • April 11, 2025

    Ex-Exec Alleges Rampant Sex Harassment At Car Auction Co.

    A female former human resources chief at an online vehicle auction company was fired for speaking up against male executives' unchecked sexual misconduct and reporting that women in leadership received less compensation than men, according to a complaint filed in Texas state court.

  • April 11, 2025

    Okla. Trucking Co. Accused Of Misclassifying Drivers

    A trucking company incorrectly classifies delivery drivers as independent contractors even though it controls "every aspect" of its drivers' work, according to a proposed class and collective action filed in Oklahoma federal court.

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    Ex-BofA Worker Seeks Class Status Over Unpaid PTO

    Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.

  • April 11, 2025

    Plumbing Co.'s Wage Talk Ban Was Illegal, NLRB Judge Says

    A plumbing company in Utah threatened to fire employees for talking about compensation and terminated a worker in violation of federal labor law, a National Labor Relations Board judge ruled, finding the owner of the business can't bar employees from discussing pay with one another.

  • April 11, 2025

    EPA Workers Allege Discrimination Over Indefinite Leave

    U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.

  • April 11, 2025

    Arbitration Pacts Doom Domino's Drivers' Wage Collective

    A proposed collective action accusing Domino's Pizza of refusing to properly reimburse drivers for delivery expenses cannot proceed, the company told a Michigan federal court, saying there are no identifiable drivers to take up the case who aren't subject to an arbitration agreement.

  • April 10, 2025

    Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears

    Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.

  • April 10, 2025

    3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row

    A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.

  • April 10, 2025

    Amazon Can Withhold Flex Driver Names In Tip Case For Now

    A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.

  • April 10, 2025

    Congressional Bill Would Amend FMLA To Bar Clawbacks

    Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress. 

  • April 10, 2025

    CSX Accused Of Punishing Workers For FMLA Leave

    Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.

  • April 10, 2025

    Mental Health Co. Workers Challenge Unpaid-Training Ruling

    A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.

  • April 10, 2025

    Union Groups Say DOD Must Follow Biden Labor Pact EO

    The U.S. Department of Defense violated a Biden-era executive order by saying it won't use project labor agreements on large-scale construction projects, two labor organizations told a Washington, D.C., federal judge, saying the executive order is still valid despite a successful challenge to it before the Court of Federal Claims.

  • April 10, 2025

    Construction Co. Strikes $182K Deal To End DOL Wage Suit

    A construction company agreed to pay $182,500 to 82 workers to resolve a lawsuit from the U.S. Department of Labor accusing the firm of misclassifying workers as independent contractors to avoid paying them overtime wages, a filing in Tennessee federal court said.

  • April 10, 2025

    Ill. Ambulance Co. Accused Of Denying Overtime Pay

    An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.

  • April 10, 2025

    DraftKings Engineer's Suit Over Parental Leave Narrowed

    A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.

  • April 10, 2025

    Staffing Co. Says It Didn't Employ Target Kiosk Workers

    Workers employed by a sales company in jobs at Target cellphone kiosks can't support their claims that an affiliated staffing firm jointly employed them, the staffing firm told a California federal court, arguing their wage and hour claims against it must fall.

  • April 10, 2025

    Colo. Health System Wants Nurses' Wage Suit Trimmed

    A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.

  • April 09, 2025

    Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit

    Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.

  • April 09, 2025

    9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'

    A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."

  • April 09, 2025

    3 Tips For Running A Compliant Internship Program

    Companies developing their summer internship programs must ensure they give participants educational opportunities and avoid relying on interns to add bottom-line value, especially if the programs are unpaid. Here, Law360 explores three tips to structure an internship program.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.