Wage & Hour

  • July 08, 2025

    Docs Sue Colo. Mental Health Co. For Wage Theft, Defamation

    Two physicians sued their former employer Monday in Colorado state court, saying the healthcare company incorrectly classified them as independent contractors, didn't pay them on time and later denied wages entirely.

  • July 08, 2025

    Cannabis Co. Escapes Sales Commissions Suit

    A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.

  • July 08, 2025

    3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit

    The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.

  • July 08, 2025

    Outdoor Co., DOL End Suit Challenging Contractor Wage Rule

    A Colorado federal court on Tuesday dismissed a suit from an outdoor group challenging former President Joe Biden's decision to raise the minimum wage for federal contractors, a day after the group and the U.S. Department of Labor said they agreed to drop the case.

  • July 08, 2025

    Calif. Agency Rolls Out Guidance For Violence Survivor Leave

    The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.

  • July 08, 2025

    Merits Not At Issue For Health Co. Wage Collective, Court Told

    A healthcare facility operator is focusing too much on the merits of unpaid wages claims rather than whether it had common policies that detracted from employees' pay, a respiratory therapist told a North Carolina federal court, saying collective status is appropriate.

  • July 08, 2025

    Calif. Justices Say Elected Officials Lack Whistleblower Shield

    California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.

  • July 08, 2025

    Engineering Co. Underpays Overtime, Worker Says

    An engineering company deducted time from workers' hours for meal breaks they didn't get to take and improperly calculated their overtime pay rates, a proposed collective action filed in Virginia federal court said.

  • July 08, 2025

    W&H Attorneys' Wish List For The Rest Of 2025

    Updating the Fair Labor Standards Act to reflect the nuances of remote work, reforming arbitration and tackling the issue of salary expectations to further reduce the pay gap are all issues employment lawyers wish policymakers would tackle in the latter half of the year. Here, Law360 explores what kind of changes attorneys would like to see in an ideal world.

  • July 07, 2025

    Ariz. City Accused Of Stiffing Ambulance Workers On OT

    The city of Mesa, Arizona, misclassified fire department employees as overtime-exempt when they worked ambulance shifts, the workers said in a proposed collective action filed in federal court, saying their ambulance duties did not include fire protection work that would trigger an exemption under the Fair Labor Standards Act.

  • July 07, 2025

    Law Firm, Worker Seek Pre-Trial Wins In Pregnancy Bias Suit

    A personal injury law firm told a New Mexico federal court Monday that a legal assistant was pushed out not because she was pregnant but because she was a poor performer, while the former employee argued the firm reneged on its promise to pay her in exchange for quitting.

  • July 07, 2025

    Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim

    A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.

  • July 07, 2025

    PHH Mortgage Loan Officers Urge NJ Court To Halt Calif. Deal

    A California state court's decision to preliminarily approve a settlement in a case against PHH Mortgage would prevent California mortgage loan officers from pursuing their claims in their New Jersey federal court proceedings, two California workers told the New Jersey court.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    Md. Justices Say FLSA De Minimis Rule Covers State Laws

    The de minimis doctrine established in a U.S. Supreme Court decision for Fair Labor Standards Act claims applies to suits brought under Maryland wage and hour laws, the state's high court ruled in a former Amazon employee's case over unpaid post-shift security screenings.

  • July 07, 2025

    Restaurant Cut Pay Over Harassment Complaint, Worker Says

    A Golden Corral franchisee misclassified an assistant kitchen manager as a salaried employee, lowered his pay and ultimately fired him for complaining that the owner's son was making inappropriate sexual comments, according to a suit filed Monday in Pennsylvania federal court.

  • July 07, 2025

    Drivers Say Pizza Co. Must Answer For Missing Payroll Docs

    A company that operates Michigan pizza restaurants failed to hang on to nearly half of the payroll records of a collective of delivery drivers accusing it of not fully reimbursing them for vehicle-related expenses, the drivers told a federal court, saying sanctions may be necessary.

  • July 07, 2025

    Wage Cases To Watch For The Rest Of 2025

    A U.S. Supreme Court look at a private prison operator's assertion of immunity from incarcerated workers' claims, appeals seeking to replace the two-step collective certification process and challenges to U.S. Department of Labor rules are among the wage and hour cases to watch in the coming months. Here’s a look at those ongoing cases.

  • July 03, 2025

    BofA Beats Class Cert. Bid Over Vacation Pay, For Now

    A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.

  • July 03, 2025

    Pa. School District Fights $2.7M Fee Bid After $165K Verdict

    The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    5 Biggest Wage Rulings So Far In 2025

    A U.S. Supreme Court decision that there is no heightened burden of proof in Fair Labor Standards Act class actions and the Ninth Circuit’s backing of a California independent contractor classification law are some of the biggest wage and hour rulings so far this year. Here, Law360 explores the rulings.

  • July 03, 2025

    DOL Looks To Rescind Rule Ending Subminimum Wage

    The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

Expert Analysis

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.