Wage & Hour

  • May 22, 2025

    Colo. Health System Can't Dodge Nurses' Wage Suit

    A suit by a group of nurses accusing a Colorado health system of miscalculating their overtime will stay fully in place, a federal judge ruled, agreeing with a magistrate judge's recommendation not to dismiss the Colorado Minimum Wage Act claim.

  • May 22, 2025

    Addiction Centers Strike Deal To End 3 Wage Suits

    Addiction treatment centers in Ohio and Tennessee reached a nearly $738,000 settlement to resolve lawsuits from workers accusing the centers of failing to pay them overtime wages and provide them with meal breaks, a filing in federal court said.

  • May 22, 2025

    NJ Golf Clubs Failed To Pay Caddies Wages, OT, Suits Claim

    A Bronx man has filed proposed class actions in New Jersey state court against two Garden State country clubs accusing them of failing to pay caddies minimum wage or overtime.

  • May 22, 2025

    Fire Battalion Chief Says He Was Not An OT-Exempt Manager

    A Georgia county should not be able to end a fire battalion chief's suit alleging unpaid overtime, the firefighter told a federal court, arguing that the work he performed was not managerial in nature.

  • May 22, 2025

    Apparel Co. Strikes $660K Deal To End PAGA Wage Suit

    The company behind OshKosh B'gosh reached a $660,000 settlement to resolve a Private Attorneys General Act lawsuit accusing it of requiring employees to work through their meal breaks and shorting them on overtime wages, a filing in California federal court said.

  • May 22, 2025

    2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit

    The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.

  • May 22, 2025

    Quest Diagnostics' $4M Rest Break Settlement Gets Initial OK

    A California federal judge granted preliminary approval to a $3.95 million settlement to a wage and hour class action against Quest Diagnostics Clinical Laboratories Inc., saying the deal adequately resolves allegations that the company violated the rest-break provision of the state's Labor Code.

  • May 22, 2025

    Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager

    Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.

  • May 22, 2025

    Seyfarth Hires Labor And Employment Partner In Seattle

    Seyfarth Shaw LLP added a partner to its labor and employment department from Perkins Coie LLP who says the firm's resources will help him tackle the growing number of wage and hour class actions Washington state has been witnessing.

  • May 22, 2025

    Ex-Prosecutor Says Filing Error Wrongly Sank FMLA Claims

    A filing error should not spell demise for a former Virginia city prosecutor's Family and Medical Leave Act claims against the city, his counsel told a federal court, saying the claims should be reinstated because they were never intended to be conceded.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 21, 2025

    Calif. Justices Weigh Strict Arbitration Fee Law's Validity

    Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.

  • May 21, 2025

    Atty's Silence Dooms FMLA Claims Against Va. City

    A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.

  • May 21, 2025

    CSX Engineers Drop Class Claims In Medical Leave Suit

    CSX Transportation Inc. does not have to face class and collective claims alleging its attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, as two workers told an Ohio federal court Wednesday they are abandoning their class allegations.

  • May 21, 2025

    Aircraft Services Cos., Fuel Pumper Settle PAGA Suit

    Two aviation companies and a fuel pumper told a California federal court that they reached a deal in a case that took a trip to the U.S. Supreme Court, in which the worker claimed unpaid wages under California's Private Attorneys General Act.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    5 Ways DOL Wage Rules Could Be Undone

    The U.S. Department of Labor under President Donald Trump has already proceeded with unwinding the previous administration’s wage and hour rules, creating a shifting landscape for workers, employers and their attorneys. Here, Law360 explores ways in which rules can go away.

  • May 20, 2025

    Ga. Craft Brewery Hit With Unpaid Wages Suit

    A Georgia craft brewery and its owner have been sued in federal court by three current employees who allege that they have not been paid proper minimum wages over the last three years.

  • May 20, 2025

    Driver Drops NY Late Pay Suit Against USPS Contractors

    A driver and two U.S. Postal Service contractors told a New York federal court Tuesday that they agreed to end the worker's suit claiming he was paid late under New York Labor Law.

  • May 20, 2025

    GOP Lawmakers Defend Stricter Independent Contractor Bill

    Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.

  • May 20, 2025

    Uber Underpaid OT By Thousands, Account Exec. Says

    Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.

  • May 20, 2025

    NYU Langone IT Workers Get Conditional Cert. In Wage Suit

    Information technology workers who accused New York University's academic medical center of improperly classifying them as exempt from earning overtime wages can proceed as a collective, a federal judge ruled, finding they showed they were all subject to the same pay policies and practices.

  • May 20, 2025

    Taft Expands In Chicago With Construction, Employment Attys

    Taft Stettinius & Hollister LLP has expanded its construction and employment/labor practices by adding two litigators as Chicago partners, the firm announced Tuesday.

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

  • May 20, 2025

    Worker Says Health System Must Face Time Rounding Suit

    An Ohio county health system should face a proposed collective action accusing it of illegally rounding down workers' time in efforts to short them on wages, a medical assistant said, telling a federal judge she put forward enough detail to back up her claims.

Expert Analysis

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.