Wage & Hour

  • November 26, 2025

    Nurse For App-Based Health Co. Can't Revive Retaliation Suit

    A Washington appeals court refused to revive a nurse's suit claiming she was fired from an app-based medical provider for complaining that it underpaid and overworked independent contractors, ruling she failed to show her termination was because of her concerns rather than reports that she was unprofessional.

  • November 26, 2025

    Wage & Hour Features Revisited: Enforcement, Military Leave

    From a deep dive into paid military leave to a multifaceted look at workers' rights policy and enforcement in the Trump era, catch up on Law360 Employment Authority's wage and hour stories from November.

  • November 26, 2025

    Abbott Accused Of Miscalculating Workers' Overtime

    Abbott Laboratories miscalculated employees' overtime by failing to include periodic award pay in the regular rate of pay when they worked more than 40 hours per week, a former employee said in a proposed collective action in Illinois federal court.

  • November 25, 2025

    9th Circ. Offers Mixed Ruling On Jack In The Box Wage Claims

    A trial must address whether Jack in the Box willfully deducted too much from workers' wages, the Ninth Circuit ruled on Tuesday, flipping workers' win on claims the fast-food company over-deducted their wages while reviving their claims over deductions for nonslip shoes.

  • November 25, 2025

    4th Circ. OKs Fees In Health Co. Workers' OT Suit

    A healthcare company must pay $410,000 in attorney fees and costs in overtime suits filed by nearly a dozen former employees, the Fourth Circuit ruled Tuesday, upholding a lower court's calculations after initially rejecting them.

  • November 25, 2025

    2nd Circ. Won't Reinstate Fired Telecom Worker's FMLA Suit

    The Second Circuit refused Tuesday to revive a lawsuit from an account manager who said she was fired by telecommunications company Orange Business for taking time off to care for family members with medical conditions, finding she couldn't overcome the company's explanation that she was let go for poor performance.

  • November 25, 2025

    9th Circ.'s FLSA Retaliation Ruling Puts Employers On Notice

    A Ninth Circuit ruling that a third party not initially involved in a lawsuit could nevertheless be sued for retaliation is a cautionary tale for employers, reminding them that the Fair Labor Standards Act provides wide cover for protected activity, attorneys said.

  • November 25, 2025

    NJ Panel Confirms Utility Co. Misclassified Workers

    A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.

  • November 25, 2025

    Health System Can't Dodge Worker's Time-Rounding Claims

    An Ohio county health system can avoid a nursing assistant's claim that it failed to pay semimonthly wages on time, but she can continue pursuing her claims that the company illegally rounded down workers' time, a federal judge ruled.

  • November 25, 2025

    Ogletree Deakins Welcomes Saber Law Employment Atty In SF

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its West Coast team, bringing in a Saber Law Group employment litigator as a shareholder in its San Francisco office.

  • November 24, 2025

    Colo. Hospitals Accused Of Denying Workers Break Pay

    A respiratory therapist told a Colorado state court that two hospitals violated state labor laws by neglecting to pay employees for missed breaks during shifts.

  • November 24, 2025

    Atty Fees Cut In $600K Wage Deal With Roofing Co.

    A $600,000 deal between crew workers and a roofing contractor snagged its final OK even with some remaining concerns, but the workers' counsel didn't support their request to allocate 33% of their wage settlement in fees, barring a reduction, a California federal judge ruled.

  • November 24, 2025

    Staffing Co., Colo. Ink $400K Deal In Worker Classification Suit

    An app-based staffing company and its affiliate will pay $400,000 after Colorado officials determined it misclassified workers as independent contractors and failed to pay the proper unemployment insurance premiums, the state announced Monday.

  • November 24, 2025

    Stone Hilton Fights Ex-Aide's Bid To Toss FLSA Defense

    A former Stone Hilton PLLC executive assistant's bid to toss the firm's defense in her sexual harassment and unpaid wage suit that she is exempt from the Fair Labor Standards Act was three weeks late, the firm and its founders have told a Texas court.

  • November 24, 2025

    UFW Says H-2A Wage Rule Hurts American Workers

    The U.S. Department of Labor rolled out an illegal rule related to the wage rate for H-2A agricultural workers that will push American farmworkers out of work, the United Farm Workers union told a California federal court.

  • November 24, 2025

    Auto Paint Co. Denied Techs Overtime, Suit Says

    Auto paint and equipment distributor Albert Kemperle LLC has misclassified its technicians as exempt from overtime, according to a proposed class action filed in Massachusetts state court.

  • November 21, 2025

    Ex-Kia, Hyundai Workers Score $11.5M Deal In Wage Suit

    A Hyundai supplier, a Kia plant and two staffing agencies have reached an $11.5 million deal to resolve a suit by production line workers who accused the companies of a scheme to obtain cheap labor from skilled Mexican engineers and underpay them, according to filings in Georgia federal court.

  • November 21, 2025

    Colo. Healthcare System Stiffing Workers, Court Told

    A pair of former workers for a hospital and healthcare facility operator in Colorado have accused their past employer of routinely shortchanging their pay in violation of state and federal wage and hour laws, according to a proposed class action filed in federal court.

  • November 21, 2025

    Worker Says Morgan & Morgan Fired Her Over Fraud Concern

    Injury law firm Morgan & Morgan PA fired a case manager after she voiced a concern about fraudulent client hospital records she said the firm gave to opposing counsel to snag more favorable settlements and failed to pay overtime, according to a suit in California state court.

  • November 21, 2025

    11th Circ. Backs Security Guard's Win In FLSA Suit

    A security company reduced a security guard's nonovertime wage only when he worked 60-hour weeks in an attempt to avoid paying overtime, the Eleventh Circuit ruled Friday, affirming the worker's win in Florida federal court.

  • November 21, 2025

    Firefighter Owed Pay For Service Leave, Mass. Court Finds

    A Boston suburb owes a now-retired firefighter back pay for more than 70 days he spent serving Air National Guard duty, the state's intermediate-level appeals court said Friday, clarifying a Massachusetts law intended to protect the salaries of public employees who are also service members.

  • November 21, 2025

    Nike Worker Blows Whistle On Alleged Wash. Wage Violations

    A Pacific Northwest retail worker is calling foul on Nike for allegedly denying employees rest and meal breaks, sick leave, overtime pay and other wages owed, according to a new lawsuit in Washington state court.

  • November 21, 2025

    NC Farmworker Wage Trial Canceled Amid Proposed Deal

    A North Carolina federal judge has called off a December jury trial over claims that Lee and Sons Farms underpaid migrant H-2A workers and forced them to buy inadequate meals, with the parties telling the court there is a proposed settlement.

  • November 21, 2025

    Calif. Forecast: Tribe To Make Sovereignty Args In Labor Suit

    In the next two weeks, attorneys should keep an eye on Ninth Circuit oral arguments regarding whether a Native American tribe's sovereignty shields it from a labor arbitration award. Here's a look at that case and other labor and employment matters coming up in California.

  • November 21, 2025

    Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited

    A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.