Wage & Hour

  • August 10, 2026

    Insurer Must Defend Education Fund In Termination Dispute

    An insurer must defend and indemnify a plumbers' union-backed education fund accused of retaliating against a member who claimed he was wrongfully terminated after submitting a request for paternity leave, a New Jersey federal court ruled, finding that an exclusion barring coverage for activities of the union does not apply.

  • August 10, 2026

    BNSF Changed Weekend Travel Pay, Teamsters Unit Says

    BNSF Railway violated the terms of its collective bargaining agreements with a Teamsters unit by unilaterally changing the way it calculated weekend travel allowances for employees, the union alleged in a complaint filed in Illinois federal court.

  • August 10, 2026

    Judge Certifies Military Class In Delta Pilots' Leave Suit

    Delta pilots who alleged that the airline failed to pay them for short-term military absences secured class certification in Georgia federal court, with a judge finding the core question of whether the airline's uniform leave policy violates federal military leave law can be resolved using common evidence.

  • August 10, 2026

    Production Co. Fired Exec Over Pay Demands, Suit Says

    A media production company and its president misclassified an executive as an independent contractor, denied her overtime pay and fired her after she pressed for compensation she was owed, she said in a suit filed in New York federal court.

  • August 07, 2026

    Cable Techs Must Arbitrate Comcast Misclassification Suit

    Cable technicians who say that Comcast and several other companies have been misclassifying them as independent contractors to deny them job protections will have to arbitrate their claims, a Virginia federal court has ruled.

  • August 07, 2026

    Engineer Says Unsigned Contract Bars Oil Co. Arbitration

    A former worker of an oilfield services company told a Colorado federal judge that the company can't compel arbitration on his Fair Labor Standards Act and North Dakota wage law claims because the company isn't a party to the arbitration agreement that the worker signed.

  • August 07, 2026

    Tax Preparers Seek OK Of $1M Deal In OT Suit

    Tax preparers who accused a New York tax preparation company of overtime and wage violations have urged a New York federal court to grant preliminary approval of a $1.05 million class action settlement.

  • August 07, 2026

    Manufacturer Unistrut Hit With FLSA Suit Over OT Pay

    A former Unistrut International Corp. worker filed a proposed collective action in Michigan federal court on Friday accusing the metal framing system manufacturer of shortchanging thousands of hourly employees on overtime by failing to include shift differentials, bonuses and other compensation when calculating their pay.

  • August 07, 2026

    Calif. Forecast: 9th Circ. Hears NBA Announcer Tweet Dispute

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in a former NBA announcer's wrongful termination suit against a radio station. Here's a look at that case and other labor and employment matters on deck in California.

  • August 07, 2026

    Rising Star: Wigdor's Meredith Firetog

    Meredith Firetog of Wigdor LLP negotiated a settlement for a Sean "Diddy" Combs accuser who became a key witness in the case that resulted in his conviction for transporting women for prostitution, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 07, 2026

    Crocs Workers Near $300K Deal In OT Miscalculation Suit

    Distribution center workers who accused Crocs Inc. of miscalculating overtime pay by excluding shift differentials and bonuses from their regular rate have moved to settle their Fair Labor Standards Act claims for $300,000 in Colorado federal court.

  • August 07, 2026

    Translation Co. Can't Escape Misclassified Workers' OT Action

    A former worker's wage and hour class action against a translation services company largely survived a motion to dismiss in California federal court, with most claims allowed to proceed while the wrongful termination and meal break class claims were tossed.

  • August 07, 2026

    NY Forecast: Judge Weighs Blocking Farm Labor Contract

    In the week ahead, a New York federal judge will consider a worker's request to block a labor contract implemented at an upstate farm after an arbitration process laid out in a state law granting union rights to farmworkers.

  • August 06, 2026

    Judge Tosses Nuclear Power Wage-Fixing Case, For Now

    A Maryland federal court tossed a proposed class action accusing nuclear energy producers including Constellation Energy, DTE Energy and Duke Energy of fixing wages, after finding the claims came too late.

  • August 06, 2026

    Wash. Equipment Dealer Worker Pursues Collective Wage Suit

    About 50 employees of a heavy machinery dealer in Washington state were impacted by the company's noncompliance with the Fair Labor Standards Act, a former employee alleged, asking a Washington state judge to turn his FLSA suit against RDO Equipment Co. into a collective action.

  • August 06, 2026

    Mich. Contractor Faces Class Claims For Unpaid Work Time

    A former commercial service technician has accused a Michigan-based industrial maintenance contractor in federal court of systematically removing hours from field employees' time records and failing to pay them for on-call duty, travel, missed meal breaks and other work.

  • August 06, 2026

    Home Depot Seeks Early Win In Moonlighting Class Suit

    Home Depot has asked a Washington federal court to end a class action alleging its outside employment policies violate state law before trial, arguing the worker who brought the suit never signed any noncompetition agreement, never wanted a second job and was never harmed by any company policy.

  • August 06, 2026

    Fisher Phillips Grows With Pair Of NJ Employment Litigators

    Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP, the firm said Wednesday.

  • August 06, 2026

    Rising Star: Phillips & Associates' Melissa Berouty

    Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2026

    John Deere Says Severance Program Isn't ERISA Plan

    John Deere has moved in Illinois federal court to dismiss former employees' claims that its severance program is governed by federal retirement law, arguing that the program's one-time lump sum payments require no ongoing administration. 

  • August 06, 2026

    Mass. City Beats Due Process Claim By Cop Put On Leave

    A Massachusetts federal court rejected a Cambridge police officer's due process claim over his placement on paid leave during a disciplinary investigation, finding that neither a requirement to stay home during work hours nor a loss of overtime opportunities violated his rights.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

    A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.

  • August 05, 2026

    Bakery Pays $45K After DOL Child Labor, Wage Probe

    The operators of three San Antonio, Texas, bakery locations paid $45,000 in back wages and penalties after a U.S. Department of Labor probe found child labor and wage violations, the agency announced.

  • August 05, 2026

    NY Health Center Can't Pare Back Wage Suit, Judge Says

    A New York federal judge refused Wednesday to narrow proposed groups of workers suing a healthcare facility over overtime and sick pay or dismiss the sick-leave and wage-statement claims, finding a former worker plausibly alleged broad pay practices and harm from misleading records.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.