Wage & Hour

  • November 18, 2025

    Cognizant Accused Of Retaliation Over Ex-Worker's Claims

    A former employee of Cognizant Technology Solutions US Corp. claimed in Colorado state court Monday that the company retaliated against him for reporting a "make good" arrangement the company had with a client that he described as potentially illegal.

  • November 18, 2025

    Trade Groups Want Justices To Mull Collective Standard

    Two trade associations urged the U.S. Supreme Court to put an end to a lack of guidance courts have to deal with when it comes to certifying collectives, backing Eli Lilly & Co. in its efforts to have the justices take up an age discrimination case.

  • November 18, 2025

    Latino Atty Drops Bias, Retaliation Suit Against Va. Law Firm

    A Latino former managing partner for an employee-side law firm told a Maryland federal court Tuesday that he agreed to end his lawsuit claiming he was fired for flagging bias and advocating to raise a Black attorney's pay.

  • November 18, 2025

    DOL Wage Enforcement Resumes With Unclear Pace

    The U.S. Department of Labor is expected to resume wage and hour enforcement and regulatory and compliance activity now that the federal government shutdown has ended, though attorneys have different views on how quickly that will happen. Here, Law360 explores three areas to watch as the Wage and Hour Division resumes in full.

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    San Francisco Nurses Can't Challenge FLSA OT Exemption

    Nurses who claim that the city of San Francisco failed to pay them the proper overtime rates fall under a Fair Labor Standards Act exemption, a California federal judge ruled, finding summary judgment necessary following a sanctions order limiting the nurses' evidence.

  • November 18, 2025

    Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit

    In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Humana Ends Lawsuit Over Unpaid Preshift Work

    Humana Inc. and a former employee agreed to end a proposed class action alleging the company failed to compensate call center employees for the time they spent getting ready for their shifts, according to a Kentucky federal court filing.

  • November 18, 2025

    States' Challenge To Biden-Era Contractor Rule Officially Done

    A Texas federal court officially ended a challenge that Texas, Louisiana and Mississippi lodged against former President Joe Biden's increase of the minimum wage for federal contractors after a Fifth Circuit said the wage bump was no longer in place after President Donald Trump revoked it.

  • November 18, 2025

    Geico Flouted Mass. Wage Laws For Adjusters, Suit Alleges

    Geico required field claims adjusters to work up to 10 hours a day without overtime pay and improperly dinged them for "personal use" of company-issued vehicles, according to a proposed class action filed in Massachusetts state court.

  • November 17, 2025

    Ex-Finnegan Associate Gets Wage Theft Suit Revived In DC

    The D.C. Court of Appeals revived a former Finnegan Henderson Farabow Garrett & Dunner LLP associate's lawsuit alleging the firm reneged on its promises to pay tuition reimbursement and productivity bonuses, saying the trial court should have conducted "a fuller analysis" before shutting the book on the case.

  • November 17, 2025

    Tyson Shorted Wash. Workers On Breaks And OT, Suit Says

    Tyson Foods has been accused of systematically shorting Washington state workers on breaks, sick leave and overtime pay, according to a proposed class action the meat processing giant removed to federal court on Friday.  

  • November 17, 2025

    GOP States Urge Justices To Clarify Collective Cert. Standard

    A coalition of 21 states and two business groups told the U.S. Supreme Court on Monday that lower courts' allegedly premature certification of collective actions drives up the cost of litigation and forces employers into multimillion-dollar settlements, backing Eli Lilly & Co. in a worker's age bias case.

  • November 17, 2025

    Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach

    A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.

  • November 17, 2025

    Ga. Staffing Firm To Pay $450K To End OT Suit

    A Georgia-based staffing and project management agency has agreed to pay nearly $450,000 to two dozen former workers who accused it of stiffing them on overtime by "slapping a 'salary' label" on their paychecks, according to a deal a federal judge approved Monday.

  • November 17, 2025

    Fired Atty Says Debevoise Can't Force Arbitration Of ADA Suit

    An attorney who accused Debevoise & Plimpton LLP of unlawfully refusing to rehire him because he took protected medical leave has urged a New York federal court not to dismiss his suit or send it before an arbitrator, arguing an arbitration provision in an earlier settlement does not apply to new claims.

  • November 17, 2025

    MVP: Paul Hastings' Cameron W. Fox

    Cameron W. Fox, chair of Paul Hastings LLP's traditional labor practice group and partner in its employment law department, persevered through a trial during the Palisades and Eaton fires in Los Angeles and secured a win for Levi Strauss & Co. in a discrimination case where the jury reached a unanimous verdict in less than 20 minutes, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 17, 2025

    Ex-Delta Worker Fights To Keep Breaks Suit Alive

    Delta Air Lines should not be able to end a former employee's suit that said the company's understaffing issues forced workers to miss their meal and rest breaks, a former worker said, telling a Washington state federal court that she supported her claims well enough.

  • November 17, 2025

    NY Beer Distributor To Pay $1M In Drivers' OT Suit

    A New York-based beer distributor has agreed to pay $1 million to more than 1,675 drivers and helpers who claimed they were not properly paid overtime under state law, the workers told a federal court, asking it to greenlight the deal.

  • November 17, 2025

    4th Circ. Won't Toss Anheuser-Busch's Appeal In OT Suit

    Anheuser-Busch can continue challenging a Virginia federal court's decision granting class certification and declining to untangle a collective of workers seeking unpaid wages for work performed outside their shifts, the Fourth Circuit ruled.

  • November 14, 2025

    JetBlue Accused Of Pushing Workers To Drop Wage Claims

    Former employees suing JetBlue for allegedly shorting them on breaks and wages are urging a Washington state judge to block the airline's alleged efforts to coerce members of a proposed class into settlements, contending management has pressured workers to sign releases amid looming downsizing plans.

  • November 14, 2025

    Junior Hockey Players Fight Wage Case Dismissal In Appeal

    Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.

  • November 14, 2025

    Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials

    The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.

  • November 14, 2025

    Colo. Mining Co. Accused Of Denying Pre-Shift Pay

    A Colorado mining company failed to pay workers for time spent putting on protective gear and attending meetings, a former lead man and heavy equipment operator alleged in a proposed collective action in federal court.

Expert Analysis

  • A Mortgage Lender's Guide To State Licensing Overhaul

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    Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

  • 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.