Wage & Hour

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    DoorDash Subsidiary Owes Workers OT Pay, Court Told

    A DoorDash subsidiary that delivers groceries and household items failed to pay its associates for work performed before and after their shifts, training and missed meal breaks, an employee said in a proposed collective action in Tennessee federal court.

  • October 03, 2025

    8th Circ. Won't Review Teachers' Union Taxpayer Ruling

    The full Eighth Circuit will not review a split panel decision ruling that taxpayers could challenge a Minnesota school district's paid leave policy that allows teachers to take paid time off to work for their union.

  • October 02, 2025

    San Diego Women's Soccer Club Sues Ex-Prez Over Departure

    Owners of the San Diego Wave Futbol Club have sued its former president in California state court, alleging she lied about her intentions to stay with the women's soccer club after its purchase, resigning instead to take a job with FIFA as chief football officer.

  • October 02, 2025

    Southwest Owes OT For Work Around Flights, Attendant Says

    Southwest Airlines illegally fails to pay its Chicago Midway International Airport flight attendants for any work they perform outside the bounds of their actual flight time, according to a proposed class action one of the airline's employees filed in Illinois state court.

  • October 02, 2025

    Legal Services Co. Accused Of Not Properly Paying OT

    A legal service support company failed to properly pay its employees overtime, a former trial consultant said in a proposed collective action filed Thursday in Texas federal court.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

  • October 02, 2025

    Dell Accused Of Firing In-House Atty On Maternity Leave

    Dell illegally fired an attorney in the midst of her maternity leave after repeatedly denying her promotion opportunities and handing them to her male colleagues instead, the attorney told a Massachusetts federal court.

  • October 02, 2025

    DOL's Judges Office Suspends Proceedings During Shutdown

    The U.S. Department of Labor's Office of Administrative Law Judges said it has canceled proceedings, tolled deadlines and halted filings while the agency is closed because of the federal government shutdown.

  • October 02, 2025

    Agency Ex-Exec Says He Was Misled About CEO Agreement

    A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.

  • October 02, 2025

    DOL Wants Full 3rd Circ. To Eye H-2A Enforcement Ruling

    The Department of Labor has argued that a New Jersey farm's alleged violations of the H-2A visa program didn't involve private rights as it urged the full Third Circuit to flip a panel's decision that the department couldn't use in-house administrative proceedings to impose fines.

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims

    The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    Travel Nurses Snag Cert. For Some Classes In OT Suit

    A Colorado federal judge signed off on three classes of travel nurses in California, New York and New Jersey accusing two staffing agencies of unpaid overtime, but turned down their bid for an overtime class in Oregon and bait-and-switch classes.

  • October 01, 2025

    Ill. AG Backs Workers In Amazon COVID Screenings Fight

    The Illinois attorney general backed two workers claiming Amazon owes them for the time they spent on COVID-19 screenings, arguing to the state's Supreme Court that Illinois wage law is more expansive than the Fair Labor Standards Act and includes no exception for preliminary and postliminary activities. 

  • October 01, 2025

    Tenn. Pork Farm Snags Win In DOL Retaliation Suit

    The U.S. Department of Labor failed to show that a pork farm in Tennessee fired two immigrant workers for complaining to the agency about unpaid wages, a federal judge ruled, pointing to their behavior toward other workers as the reason for their discipline.

  • October 01, 2025

    DOL Opinion Letters Address Joint Employment, Tip Pools

    A restaurant and members-only club are associated enough to be jointly liable for overtime requirements, and front-of-house oyster shuckers at a seafood restaurant can be included in a tip pool, the U.S. Department of Labor's Wage and Hour Division said among other guidance in a batch of opinion letters.

  • October 01, 2025

    Wis. Assembly Bill Seeks Tax Subtraction For OT Pay

    Wisconsin would create an income tax subtraction for qualified overtime compensation under a bill introduced in the state Assembly.

  • October 01, 2025

    Duane Morris Adds O'Hagan Meyer Employment Atty In LA

    Duane Morris LLP is growing its West Coast team, bringing in an O'Hagan Meyer employment litigator as a partner in its Los Angeles office.

  • September 30, 2025

    Feds Finalize Rules To Speed H-2A Filing, Limit Some Wages

    The Trump administration finalized two separate rules on Tuesday aimed at streamlining the H-2A temporary visa process for seasonal farmworkers, one allowing employers to file petitions earlier and another revising annual wage hikes for certain agricultural jobs.

  • September 30, 2025

    Pot Broker Sues Over Misclassification, Seeks Lost Wages

    A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    Health Aide's Overtime Case Ends After Settlement Rewrite

    A Connecticut federal judge has approved a home healthcare aide's $60,000 settlement in an overtime wage lawsuit after the parties removed a contentious clause that would have barred the worker from seeking future employment with the same company, court records show.

Expert Analysis

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

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

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    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

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    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

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    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

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    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

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    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

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    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

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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.