Wage & Hour

  • November 14, 2025

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, co-chair of Gibson Dunn & Crutcher LLP's labor and employment practice, convinced Maryland's Supreme Court to create new case law in favor of his client Amazon clarifying the state's wage and hour statutes, earning him a spot as one of the 2025 Law360 Employment MVPs.

  • November 14, 2025

    Calif. Forecast: $50M Google Racial Bias Deal Up For Approval

    In the coming week, attorneys should watch for a hearing on a potential $50 million deal to resolve a proposed racial discrimination class action against Google. Here's a look at that case and other labor and employment matters on deck in California.

  • November 14, 2025

    NYC Workers Claim City Flouted OT Obligations

    New York City failed to pay its Department of Homeless Services special officers and sergeants for all the hours they worked, basing their pay on their scheduled hours instead, according to a suit in New York federal court that could include more than 460 workers' claims.

  • November 14, 2025

    PetSmart Settles Deceptive Training Contracts Suit For $225K

    PetSmart agreed to pay the state of Colorado $225,000 to end a suit accusing it of tricking dog groomers into contracts with training repayment agreement provisions that forced them to pay up to $5,500 if they left the company before working there for two years, the state's attorney general said.

  • November 13, 2025

    Wash. AG Introduces Unit To Fight For Worker Protections

    Workers in Washington state could now turn to a new unit that will focus on enforcing protections and tackling wage theft, the state's attorney general announced Thursday, citing "a systematic dismantling of the U.S. Department of Labor."

  • November 13, 2025

    Transgender Troops Sue Air Force Over Lost Retirement Pay

    Seventeen transgender service members are accusing the U.S. Air Force of unlawfully rescinding their retirement orders following President Donald Trump's executive order barring transgender people in the military, saying in a lawsuit that the move resulted in lost pay and benefits.

  • November 13, 2025

    School Bus Co.'s OT Deal Gets Preliminary OK

    A $525,000 deal between a school bus company and nearly 2,000 drivers accusing it of miscalculating their overtime rate can move forward, an Illinois federal court said Thursday.

  • November 13, 2025

    Hawaii Justices To Weigh In On Waldorf Resort Wage Case

    The Hawaii Supreme Court will sort out whether a per-week or a per-hour unit should apply in the determining of compliance and damages under the state's minimum wage law, a federal court said in a case accusing a Waldorf Astoria resort of misclassifying spa workers as independent contractors.

  • November 13, 2025

    MVP: Duane Morris' Jennifer A. Riley

    Jennifer A. Riley of Duane Morris LLP helped Geico defeat conditional certification in a nationwide collective action, defended an industrial staffing company from California state law claims and helped several companies negotiate favorable settlements of wage and hour claims, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 13, 2025

    Ohio EMT Co. Miscalculated OT, Deducted Pay, Suit Says

    An emergency medical transport company operating in Ohio and West Virginia flubbed overtime calculations, deducted wages to cover required training costs and zeroed out final paychecks, a former employee has alleged in a proposed collective action in Ohio federal court.

  • November 13, 2025

    AutoZone Settles Employee's FMLA Retaliation Dispute

    AutoZone has settled a Massachusetts employee's lawsuit claiming he was demoted because he took medical leave to deal with stress exacerbated by a supervisor's ageist comments, according to a federal court filing.

  • November 13, 2025

    Domino's Franchisee, Drivers Reach Deal In Expense Row

    A collective of pizza delivery drivers settled their five-year-long suit that took a trip to the Sixth Circuit accusing a Domino's franchisee of not reimbursing them for all vehicle-related expenses, the parties told an Ohio federal court.

  • November 12, 2025

    IHOP Franchise Owner Accused Of Wage Theft In Colo. Suit

    A former IHOP employee sued the owner of several IHOP franchises in Colorado state court on Monday, saying an a proposed class action it illegally required employees to distribute tips to assistant managers and pay them up to $20 of their wages each shift for helping with service and cleaning.

  • November 12, 2025

    Fighters Say UFC Withheld Arbitration Evidence In Wage Suit

    Ultimate Fighting Championship fighters suing the mixed martial arts organization for wage suppression are accusing it in Nevada federal court of withholding a large amount of evidence key to the UFC's bid to force their antitrust claims into arbitration.

  • November 13, 2025

    Military Workplace Rights Need Attention, Expert Says

    Brad Kelley, a veteran and a shareholder with Littler Mendelson PC, said the Uniformed Services Employment and Reemployment Rights Act is a critical statute for the rights of service members, but the lack of awareness of it means it’s a “weak law.” Here, Law360 speaks with Kelley about why USERRA deserves some spotlight.

  • November 12, 2025

    Wage Rule Inapplicable To 'Plug And Play' Work, Panel Told

    A New Jersey utility systems installer told a state appellate panel Wednesday that its subcontracted cell tower work — limited to plugging in pre-terminated fiber optic cables — was wrongly categorized under the state's prevailing wage for electricians instead of the lower rate under the electrician teledata classification.

  • November 12, 2025

    Apple Faces Garnishment Bid In $1.6M Wage Suit Judgment

    Workers seeking to pocket a $1.6 million judgment in their wage and hour case against an Apple-affiliated repair company asked a North Carolina federal court to garnish Apple's contract payments, saying that the contractor failed to post bond while it took the case to the Fourth Circuit.

  • November 12, 2025

    Marketing Co. Can't Escape Ex-CEO's Pay Bias Lawsuit

    Marketing firm Omnicom can't dodge a former executive's lawsuit alleging she was paid less than men and fired without the chance to transfer when her job was eliminated, a Texas federal judge ruled, saying her lawsuit adequately identified men who she said were treated better.

  • November 12, 2025

    NJ Expected To Continue Worker Classification Push

    New Jersey officials and lawmakers seem likely to continue efforts to combat independent contractor misclassification after Democrats won top offices and statehouse seats, though the level of activity could change, attorneys in the Garden State said.

  • November 12, 2025

    NCAA, Volunteer Coaches Cut $303M Wage-Fixing Deal

    The NCAA has agreed to pay $303 million to resolve antitrust claims by a class of more than 7,700 current and former NCAA Division I volunteer coaches whose wages were illegally suppressed by the athletic organization's former bylaw, according to documents filed in California federal court.

  • November 12, 2025

    Steakhouse Chain Kept Illegal Tip Pool, Texas Judge Says

    A steakhouse chain knowingly violated federal law by requiring servers to share tips with ineligible off-hour employees, a Texas federal judge found.

  • 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.

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.