Wage & Hour

  • November 12, 2025

    MVP: Cohen Milstein's Christine E. Webber

    Cohen Milstein Sellers & Toll PLLC partner Christine E. Webber helped secure more than $65 million in settlements with major institutions over allegations of gender discrimination, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 12, 2025

    Cracker Barrel Asks Justices To Review 2-Step Cert. Process

    A Ninth Circuit decision to use a lenient standard to sign off on a collective of servers seeking unpaid wages deepens the division among courts on which process to use to certify collectives, Cracker Barrel said, urging the U.S. Supreme Court to roll out a universal process.

  • November 12, 2025

    Former Twitter Exec Can't Pursue State Claims During Appeal

    Twitter's former chief marketing officer can't move forward with the state law claims in her $20 million severance suit while the company asks the Ninth Circuit to kick the allegations to arbitration, a California federal judge ruled, rejecting her argument that the company's appeal is a waste of time.

  • November 12, 2025

    2nd Circ. Revives Atty Fees Bid In Worker's Retaliation Suit

    A Vermont federal court correctly imposed a reduction in attorney fees in a retaliation case based on billed hours but should not have further reduced the fees based on the worker's overall success, the Second Circuit has ruled.

  • November 10, 2025

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.

  • November 10, 2025

    Justices Doubt GEO's Immunity Claim In Forced Labor Suit

    The U.S. Supreme Court on Monday appeared reluctant to adopt GEO Group's interpretation of an 85-year-old ruling as extending immunity to contractors facing lawsuits, as the private prison operator stands accused of forcing immigrant detainees to clean a detention facility. 

  • November 10, 2025

    Screening Time Pay Remains Hot Topic At State Top Courts

    The Nevada Supreme Court is the latest to say state wage and hour laws don't incorporate a federal amendment under which employers aren't required to pay for security screening time, and as Connecticut's and Illinois' justices weigh the same question, the issue is making its way around the U.S.

  • November 10, 2025

    Delta Air Lines Applicant Says Pay Range Suit Not Fed. Matter

    A job applicant accusing Delta of violating a Washington state law that requires employers to include pay information on job postings is seeking to return his suit to state court, claiming the dispute isn't eligible to be heard by a federal judge because the applicant never alleged he was harmed.

  • November 10, 2025

    Southwest Only Pays For In-Flight Time, Suit Claims

    Southwest Airlines' policy of compensating flight attendants based only on their actual flight time systematically deprived them of overtime pay, a former employee says in a proposed class action in Illinois federal court.

  • November 10, 2025

    Mich. Contractor Loses New Trial Bid In Migrant Worker Suit

    A Michigan federal judge said a farm labor contractor failed to identify any reasons for a new trial after a jury found it violated anti-trafficking and labor laws and breached employment contracts with farmworkers from Guatemala.

  • November 10, 2025

    ​​​​​​​Ex-CFO Says Steel Co. Broke Severance Deal After Sale

    The former chief financial officer of a Pittsburgh-area steel company told a Pennsylvania state court he was promised severance pay when he was terminated as part of the company's sale, but has yet to get any of the $112,500 he signed up for.

  • November 10, 2025

    Philly PD Cops Can't Snag Class Certification In OT Case

    Ranking police officers' claims that officials with the city of Philadelphia and its Police Department didn't tell them they were eligible for overtime for emergency work would require a one-on-one analysis, a Pennsylvania federal judge ruled, denying a bid for class certification.

  • November 10, 2025

    Justices Skip Battery Maker's Challenge To $22M Wage Verdict

    The U.S. Supreme Court said Monday it won't review a $22 million verdict for workers claiming they were owed pay for changing in and out of protective gear before and after shifts, shelving the question of whether compensation for that activity is based on a "reasonable" duration or the actual time spent.

  • November 07, 2025

    Up Next At High Court: Religious Rights & Gov't Contracts

    The U.S. Supreme Court will return Monday for a short week of arguments, in which the justices will consider whether state and local government officials can be held personally liable for alleged religious rights violations, and whether government contractors are entitled to immediately appeal denials of derivative sovereign immunity.

  • November 07, 2025

    Jeffer Mangels Hit With Pregnancy Bias Suit By Ex-Associate

    A former Jeffer Mangels Butler & Mitchell LLP associate has accused the firm of discriminating against women, especially pregnant women, claiming that she was harassed throughout her pregnancy and eventually fired after she advocated for herself and pointed out the disparate treatment.

  • November 07, 2025

    Colo. Nonprofit Studio Hit With OT, Worker Classification Suit

    A defunct nonprofit art studio and nightclub is facing a proposed class and collective action brought by a former employee who says he is owed nearly $40,000 in unpaid wages due to being misclassified as an independent contractor.

  • November 07, 2025

    Denying Pay For Military Leave Now Riskier Bet, Attys Say

    The ongoing battle over the paid short-term military leave rights of National Guard and Reserve members in civilian employment is at a critical juncture, and employers should be aware that this type of litigation is here to stay, attorneys say.

  • November 07, 2025

    Ex-Emory Worker Says She Was Fired For Seeking Owed Pay

    A former employee sued Emory Healthcare Inc. in Georgia federal court Friday, claiming the healthcare provider violated federal law by firing her for complaining that it broke a promise to pay her extra for working late.

  • November 07, 2025

    11th Circ. Partially Revives FedEx Freight Worker's FMLA Suit

    An Alabama federal court correctly handed FedEx a win on a former freight handler's retaliation and discrimination suit alleging he was punished for leaving work to take care of his pregnant wife, the Eleventh Circuit ruled Friday while nevertheless reviving his interference claim.

  • November 07, 2025

    Rest Stop Co. Will Pay $1.5M To End Conn. Wage Suit

    A rest stop operator has agreed to pay $1.5 million to resolve a suit lodged by the Connecticut labor commissioner accusing the company of failing to pay food service employees the full wages they were owed, the parties told a state court.

  • November 06, 2025

    Amid Investor Cheers, Musk Gets His $1 Trillion Pay Package

    In a landmark vote that turned corporate governance on its head, Tesla Inc. shareholders on Thursday thumbed their noses at both Delaware Chancery Court and top proxy advisers by awarding CEO Elon Musk an estimated $1 trillion compensation package, according to preliminary results.

  • November 06, 2025

    Attys Spar Over Dismissal Motion In Nurse Strike Pay Suit

    A Colorado federal judge on Thursday questioned the parties on both sides of a complaint in determining if it has enough details to move forward in the lawsuit from nearly 40 nurses who claim they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike.

  • November 06, 2025

    Insurer Says No Defense For Dog Care Co. In Suits, AG Probe

    A dog training and grooming business's insurer told a Washington federal court it should owe no coverage for two cases and a civil investigative demand from the state attorney general's office relating to customers' purchase of service dogs and the business's employment practices, pointing to a raft of exclusions.

  • November 06, 2025

    9th Circ. Backs NLRB Ruling On Nurses' Pandemic Pay Fight

    The Ninth Circuit has affirmed the National Labor Relations Board's order finding a trio of Southern California hospitals violated federal labor law by unilaterally implementing a COVID-19 pandemic pay program without first bargaining with a Service Employees International Union affiliate representing registered nurses and professional workers. 

  • November 06, 2025

    Food Co. Can't Keep Worker's Wage Suit In Federal Court

    A food and beverage company wrongly assumed that all its employees were subject to overtime violations alleged in a worker's proposed class action, a Washington federal court ruled, remanding the case to state court on the grounds that the company overestimated the amount of money at stake.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.