Wage & Hour

  • September 11, 2025

    Capital One Unit Can't Nix OT Misclassification Case

    A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.

  • September 11, 2025

    Luxury Gym Cos. Settle Trainer's Wage, Harassment Claims

    A former trainer asked a New York federal court Thursday to sign off on a settlement to resolve wage and hour and sexual harassment claims against the operators of luxury fitness centers.

  • September 11, 2025

    NYC Council Overrides Mayor's Vetoes On Workers' Pay

    The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.

  • September 11, 2025

    Connecticut City HR Chief Loses Pay Cut Case

    A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.

  • September 11, 2025

    Hyundai, Parts Co. Must Face DOL Child Labor Suit

    Hyundai and a manufacturing company cannot avoid a U.S. Department of Labor suit accusing them of violating federal child labor law, an Alabama federal judge ruled while letting a now-defunct staffing company off the hook, saying an injunction against it would be futile.

  • September 10, 2025

    Class Action Atty Sanctioned For 'Egregious' Bogus Citations

    A California federal judge has sanctioned a California class action attorney for filing a motion riddled with "egregious" erroneous citations, finding that the citations "bear the hallmarks" of cases hallucinated by artificial intelligence despite the lawyer's insistence that she'd never even heard of AI until opposing counsel made the accusation.

  • September 10, 2025

    'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit

    An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.

  • September 10, 2025

    Calif. Gig Worker Union Bill Sent To Newsom's Desk

    A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.

  • September 10, 2025

    6 California Wage Bills To Watch

    California bills that would add civil penalties for failing to pay an award in a wage case and expand paid family leave benefits are among the pro-worker legislation that could soon head to the governor’s desk and shift the Golden State’s wage and hour landscape. Here’s a look at six bills to watch.

  • September 10, 2025

    Emirates Wants To Land Laid-Off Workers' Class Cert. Bid

    A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.

  • September 10, 2025

    Ex-Care Associates Say Mount Sinai Failed To Pay Overtime

    Mount Sinai Health System failed to pay its employees for time spent undergoing temperature checks and other health-related duties before their shifts, didn't pay for post-shift work and automatically deducted time for meal breaks that workers didn't take, two former patient care associates told a New York federal court.

  • September 10, 2025

    $36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.

    A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.

  • September 10, 2025

    VA, Ex-Worker End Bias Suit Over FMLA Issues

    A Black former employee of the U.S. Department of Veterans Affairs has agreed to end her suit alleging she was charged with not reporting to work despite having approved intermittent medical leave and was discriminated against because of her race and sex, a Missouri federal court said Wednesday.

  • September 10, 2025

    Sugar Co. Didn't Control Worker Before Clock-In, Judge Says

    A beet sugar processing company did not exercise any control over a former machine operator during the time he spent waiting in line to clock in, so that time was not compensable, a California federal judge ruled.

  • September 09, 2025

    5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit

    The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    DOL Probe Leads to $2M Judgment For Unpaid Wages

    A Northern California roofing contractor will shell out nearly $2 million in back wages and damages to 158 workers after the U.S. Department of Labor determined the company failed to pay overtime, the department announced.

  • September 09, 2025

    2nd Circ. Sends Prevailing Wage Questions To NY Panel

    Fire alarm testers and inspectors are eligible for prevailing wages under New York law, but the state appeals court should mull whether employment contracts need to specify the wages and whether employers can limit the statute of limitations, the Second Circuit ruled Tuesday.

  • September 09, 2025

    Ohio Chemical Maker Owes For Overtime, Ex-Worker Says

    Detrex Corp. has failed to pay nonexempt manufacturing employees for all hours worked, including overtime, according to a proposed collective action filed Tuesday in the Northern District of Ohio that alleges the chemical maker violated the Fair Labor Standards Act.

  • September 09, 2025

    BDO Seeks To Ditch Bulk Of Ex-Partner's $75M Bias Suit

    Accounting firm BDO sought to fend off most of the claims in a $75 million discrimination suit brought by a former tax partner who took leave when her son had a stroke, telling a New York federal court she was not an employee protected by the laws she says the firm violated.

  • September 09, 2025

    Insurance Tech Co. Owes For Unpaid Work, Ex-Employee Says

    Insurance technology provider Zinnia does not pay its customer service personnel for all pre- and post-work activities, or for work that is performed during their meal breaks, according to a proposed collective and class action filed in Connecticut federal court.

  • September 09, 2025

    Judge Warns Fake AI Cites May Need 'Eye-Catching Sanction'

    A Connecticut federal judge on Tuesday warned a multistate solo practitioner that an "eye-catching sanction" may be necessary to stop attorneys from filing briefs rife with fake case law generated by artificial intelligence systems, while the lawyer bemoaned the fact that he'd "trusted a tool."

  • September 09, 2025

    Wash. Pay Transparency Ruling Leaves Many Open Questions

    The Washington Supreme Court's narrow opinion on who can sue as a job applicant under the state's pay transparency law leaves much unsettled, particularly about how class actions should be managed and whether the law's penalties are unconstitutional, attorneys told Law360.

  • September 09, 2025

    SimpliSafe Looks To Sink Call Center Wage Suit

    A former account specialist for home security company SimpliSafe advanced "conclusory allegations" in her proposed class and collective action seeking unpaid wages, the company argued, urging a Massachusetts federal court to toss the suit.

  • September 08, 2025

    Nurses Seek Final OK Of $724K Deal Over HCA Training Costs

    About 2,390 nurses urged a California federal judge Monday to give the final OK to a nearly $756,000 settlement they reached with HCA Healthcare and related entities over claims that the healthcare provider required them to repay it for its training program.

Expert Analysis

  • 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.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.